Court postpones hearing of petition against Ruto IEBC nominees

IEBC Chairperson nominee Erastus Edung Ethekon when he appeared before the selection panel in Nairobi, on March 25, 2025. [Collins Oduor, Standard]

The High Court has postponed to Monday the hearing of a petition seeking to stop the vetting and approval of President William Ruto's nominees for the positions of chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC).

Justice Lawrence Mugambi adjourned the case after it emerged that one of the nominated commissioners, Fahima Araphat Abdallah, had not been served with a notice to appear in court.

However, the judge ordered the petitioners, Kelvin Roy Omondi and Boniface Mwangi, to serve all seven nominees, including the chairperson nominee, Ethekon Edung Thekon, afresh via advertisement in a nationwide newspaper before Monday.

Justice Mugambi also directed the petitioners, through their lawyer Paul Muite, to appear for the hearing of their application on May 19 at 10:30 a.m. in open court.

The application seeks to suspend any consideration, vetting, or approval of the nominees by the National Assembly.

The petition follows the public notification made on May 8, 2025, by the Head of Public Service.

It announced the President's nomination of Erastus Edung Ethekon (Chairperson) and six others, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah for IEBC commissioner roles.

The petitioners argue that the selection process was flawed, opaque, and unconstitutional.

They claim that some names were irregularly added to the shortlist under unclear circumstances, while others lack the necessary qualifications or violated legal and constitutional requirements.

For instance, they allege that Anne Nderitu remains a state officer, disqualifying her from the role.

Mary Karen Sorobit held a senior position in the Jubilee Party in the past five years, while Hassan Noor Hassan had previously contested for political office.

The petitioners also raise concerns about lack of regional and ethnic balance and exclusion of persons with disabilities.

They also cite alleged failure to consult opposition parties as required under the National Dialogue Committee Report and recent amendments to the IEBC Act.

The petitioners maintain that the integrity of the electoral process is at stake and that public confidence in the IEBC must be preserved.