The High Court’s dismissal of the petition challenging the appointment process of IEBC nominees marks a significant turning point in Kenya’s electoral journey—but not necessarily its resolution.
While Justices John Chigiti, Roselyn Aburili, and Bahati Mwamuye ruled that the selection, vetting, and approval of the seven commissioners, including Chairperson-designate Erastus Ethekon, was constitutional and procedurally sound, their ruling also exposed a deeper, more urgent crisis—the erosion of trust in electoral institutions.
This was more than just a legal case; it was a litmus test for how well Kenya’s democracy can self-correct. And while the court gave Parliament a clean bill of health, it also left the swearing-in in limbo due to a previous court order—reminding us that legality and legitimacy don’t always walk in tandem.
The judiciary was correct to draw a clear line between NADCO’s political agreements and constitutional procedure. However, it is equally clear that the political climate in which these appointments are happening is one of anxiety, not consensus.
After years of disputed elections, protest violence, and institutional dysfunction, Kenyans are demanding more than legal compliance—they want credible leadership that inspires confidence.
So, while the court affirms that the process met legal thresholds, many Kenyans will still ask: Who selected these individuals, and for whose benefit? Are these names representative of the country’s diversity—political, regional, ethnic, and ideological? Were consultations symbolic or sincere?
Equally concerning is the perception that some state organs are eager to bulldoze constitutional guardrails in their haste to install commissioners.
The premature gazettement of appointments before the lifting of conservatory orders sets a worrying precedent—a government that appears too willing to bypass judicial caution risks undermining the very Constitution it swore to uphold.
It’s also time for Parliament and the Executive to reflect: are they merely fulfilling procedural duties, or are they protecting the soul of democracy?
The Independent Electoral and Boundaries Commission must be more than a legal body—it must be an institution Kenyans can trust with their vote and their future.
The judiciary did its part by affirming the constitutionality of the process. Now it’s up to the IEBC and the government to do theirs: restore faith, deliver transparency, and prepare for elections that won’t end in courtrooms, but in peaceful transitions.
