President William Ruto is facing the risk of being jailed after two petitioners moved to court, accusing him of contempt.
The petition, presented by renowned lawyer Senior Counsel Paul Muite, demands legal action against Ruto, Attorney General Dorcas Oduor, and the Head of Public Service, Felix Koskei.
The case stems from the decision to officially announce (gazette) new appointments to the Independent Electoral and Boundaries Commission (IEBC), despite a standing court order that had stopped the process.
Contempt of court happens when someone acts in a way that disrespects, disobeys, or interferes with the authority and functioning of the court. It includes actions that undermine the dignity of the judicial system or obstruct justice in any form.
On Monday, June 23, the three government officials were brought before a three-judge bench at the Milimani Law Courts. The petitioners accused them of disobeying a court order that had been issued in May by Justice Lawrence Mugambi.
In response, the petitioners requested the court to sentence each of the officials, including the President, to two years in jail. They argued that the actions taken by the officials not only broke the law but also showed blatant disregard for the rule of law and the authority of the Judiciary.
The petitioners also urged the court to cancel the appointment of the IEBC officials, led by Chairperson Erastus Ethekon.
They claimed that the entire selection process lacked transparency, was not inclusive, and failed to meet accountability standards, making the appointments questionable.
Despite a court order stopping the process, on Wednesday, June 11, President Ruto went ahead and published the names of the newly selected IEBC officials in the official government gazette. Ethekon, the newly appointed Chair, is set to serve a six-year term.
The President made the appointments under the powers granted to him by Article 250(2) of the Constitution, as well as Section 5(2) and Paragraph 4 of the First Schedule to the IEBC Act.
Along with Ethekon, the Head of State also confirmed the appointment of six other commissioners: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.
However, this decision went against a ruling delivered earlier on May 19, in which the High Court issued conservatory (temporary) orders stopping Parliament from vetting and approving Ruto’s nominees to the IEBC.
The court’s decision came in response to a petition filed by two civil society members who questioned the legality and fairness of the process.
They also raised concerns about the executive branch interfering with what should be an independent process.
Ten days after that ruling, the High Court made a second decision. This time, it allowed Parliament to go ahead with the vetting process for the seven nominees.
However, the court was clear that the nominees should not be officially appointed (gazetted) or sworn into office until the main petition challenging their appointment was fully heard and determined.
Despite this, the President went ahead with the gazettement and appointment, leading to the current legal battle. The petitioners are now pushing for serious consequences, including possible jail time, arguing that no one — not even the Head of State — is above the law.
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