The High Court has temporarily blocked the National Assembly from proceeding with the vetting and approval of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC).
Justice Lawrence Mugambi issued conservatory orders barring Parliament from considering the seven nominees, including chairperson candidate Erastus Edung Ethekon, until May 29, 2025, when a full ruling on the matter is expected.
“The court does issue conservatory orders staying and/or suspending the consideration and vetting of Erastus Edung Ethekon, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah for the positions of Chairperson and Commissioners of the Independent Electoral and Boundaries Commission by the National Assembly,” ruled Justice Mugambi.
The directive follows a petition filed by two voters, Kelvin Omondi and Boniface Mwangi, who alleged constitutional and procedural breaches in the selection process. Represented by lawyers Paul Muite and Ochieng Odinga, the petitioners claimed the process lacked transparency, adequate public participation, and adherence to merit-based and inclusive criteria.
“The nomination process was marred by irregularities, lacked transparency, and violated key constitutional provisions, including those guaranteeing merit-based appointments, regional and ethnic balance, and the inclusion of persons with disabilities,” said Muite and Odinga.
Muite also raised questions about the inclusion of Hassan Noor Hassan in the final list, alleging his name did not appear in the initial shortlist or the list of publicised applicants.
“We are raising the issue of the fifth commissioner, Hassan Noor, who was not shortlisted in the initial process. He was not in the advertising list made by the selection panel,” said Muite. “He was neither advertised nor shortlisted. His name was sneaked in. What message does this send to the voters?”
He urged the court to intervene immediately to prevent Parliament from proceeding with the scheduled vetting on May 26, warning that the petition would be rendered ineffective otherwise.
“At this moment in time in the history of our country, Kenya, there has to be full confidence in the process of appointing new commissioners to the electoral body, my Lord. No one wants a repeat of what we went through in the 2007 and 2008 general election. We don’t wish for the justice system to again undermine our people,” Muite added.
Odinga supported Muite’s arguments and dismissed the Attorney General’s objections, insisting that the court had the authority to intervene in an illegal process.
“The court has to stop an illegality,” said Odinga.
The Attorney General, represented by Chief State Counsel Emmanuel Bitta, contested the issuance of the interim orders, describing the petition as premature and lacking legal grounds for judicial intervention.
“The petition is non-justiciable on account of having been instituted contrary to the principle of ripeness,” Bitta stated, arguing that the petitioners failed to pursue alternative remedies before seeking court intervention.
He warned that judicial interference with a legislative process would breach the doctrine of separation of powers and amount to judicial overreach.
Justice Mugambi will deliver his full ruling on May 29.
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