President William Ruto has officially appointed a new chairperson and commissioners for the Independent Electoral and Boundaries Commission (IEBC), despite ongoing legal challenges and clear court orders halting the process.
In a gazette notice released on Tuesday evening, President Ruto named Erastus Edung Ethekon as the new IEBC Chairperson. He will serve a six-year term.
This appointment was made under the authority granted to the president by Article 250(2) of the Constitution, as well as Section 5(2) and Paragraph 4 of the First Schedule to the IEBC Act.
In addition to the chairperson, President Ruto also appointed six individuals as IEBC commissioners. These are Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Just like the chairperson, they will also serve in their roles for six years.
Their main task will be to reorganize and prepare the electoral body ahead of the 2027 General Election—a major assignment that comes with high expectations and responsibility.
“I, William Samoei Ruto, President of the Republic of Kenya, in exercise of the powers conferred by Article 250(2) as read with Section 5(2) of the IEBC Act and Paragraph 4 of the First Schedule, appoint Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah to serve as members of the IEBC for a six-year term,” part of the gazette notice read.
However, this announcement has caused a stir because it came despite an earlier court ruling that had temporarily stopped the vetting and approval of these nominees by the National Assembly.
The High Court issued the conservatory orders on May 19 after a petition was filed by two individuals linked to a civil society organization.
The petitioners argued that some of the nominees were picked through an unlawful and unconstitutional process.
They raised concerns about a possible violation of Articles 10, 232, 250(3) and (4) of the Constitution, and said the selection process did not follow the rules outlined in the IEBC Act and the Public Appointments (Parliamentary Approval) Act.
According to the petition, “The nominations are not only illegal but also unconstitutional, as they fail to meet the standards of transparency and fairness required for public appointments.”
Later, on May 29, the High Court issued a separate ruling that allowed Parliament to proceed with the vetting of the seven nominees. However, the court still upheld the ban on gazetting and swearing them in until the main petition is fully heard and determined.
Despite this, President Ruto went ahead and gazetted the appointments. Legal experts are now warning that this move could spark a new legal showdown, as it may be considered a clear violation of the court’s directives and the Constitution itself.
Constitutional lawyers and political analysts have described the president’s decision as disrespectful to the judiciary, and say it could set a dangerous precedent.
Some believe that the courts may soon be forced to intervene again to address this act, which they say could seriously undermine Kenya’s democratic and legal processes.
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