NAIROBI, Kenya – June 10 – President William Ruto has officially appointed Erastus Edung Ethekon as the Chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside six commissioners, despite a subsisting court order temporarily barring their gazettement.
The appointments come at a time when a legal petition challenging the constitutionality of the selection process is still before the courts.
In Gazette Notice issued on Tuesday night, Ethekon’s appointment was confirmed for a six-year term under Article 250(2) of the Constitution and the IEBC Act.
A separate notice, also announced the appointment of six commissioners to serve for the same duration. They are Ann Njeri Nderitu, Moses Kipkogey Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. All seven appointees had been vetted and approved by the National Assembly.
The appointments were made despite a decision by a three-judge bench of the High Court that sustained an order blocking the gazettement of the IEBC nominees until a constitutional petition challenging their appointment is heard and determined. Justices Roselyne Aburili, Bahati Mwamuye, and John Chigiti on Monday upheld an earlier directive by Justice Lawrence Mugambi, who had temporarily halted the gazettement.
The court ruled that the status quo should be maintained, with parties appearing on June 23 for the hearing. In preparation, the judges directed all parties to file their written submissions and replying affidavits. The case raises critical legal questions about the transparency and legality of the IEBC selection panel’s conduct.
The petition was filed by activists Boniface Mwangi and Kelvin Roy, who are represented by senior counsels Paul Muite and Douglas Otieno. They argue that the selection process lacked public participation and violated constitutional standards. Justice Mugambi, upon reviewing the petition, determined that the issues raised were significant enough to warrant determination by a bench, and referred the matter to Chief Justice Martha Koome for empanelment.
The legal challenge has not deterred the executive from moving forward with the appointments, raising concerns among civil society groups and some opposition leaders. Critics argue that proceeding with gazettement in the face of a court order undermines judicial authority and threatens the rule of law.
Nonetheless, the government maintains that the appointments followed due process and are necessary to ensure the IEBC is fully reconstituted ahead of the 2027 General Election. The commission has been operating without substantive leadership since the departure of previous commissioners after the 2022 polls.
As the legal battle unfolds, the fate of the newly appointed commissioners remains uncertain. The upcoming court session on June 23 will be pivotal in determining whether the appointments stand or if the entire process must be revisited.
