IEBC vetting halted amid Senate pushback

Former Turkana county Attorney Erastus Edung Ethekon when he appeared before the selection panel in Nairobi on March 25, 2025. [File, Standard]

The vetting of the nominees for Chairperson and six Commissioners of the Independent Electoral and Boundaries Commission (IEBC), which was scheduled for today, now hangs in the balance after the High Court suspended the process last week.

Erastus Ethekon, nominated as Chairperson, and the six Commissioner nominees—Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah—must now await a court ruling that will determine the fate of the vetting exercise

President William Ruto nominated the seven on May 8, forwarding their names to the National Assembly for vetting and approval in accordance with the IEBC Act and the Public Appointments (Parliamentary Approval) Act (Chapter 7F, Laws of Kenya).

Justice and Legal Affairs Committee (JLAC) Chairperson George Murugara said the committee was prepared to proceed with the vetting but will now abide by the court’s directive and await a decision expected this Thursday from the High Court.

“There is a 28-day deadline for us to have IEBC commissioners in place, which expires at the end of this month. Parliament will either need to amend the relevant statutes to extend the deadline or await a ruling by the courts, which have inherent powers to do so. Otherwise, we were fully ready to conduct the vetting,” said Murugara.

Last Tuesday, the High Court issued conservatory orders temporarily blocking the National Assembly from vetting or approving President Ruto’s nominees, pending the hearing and determination of a legal challenge.

Justice Lawrence Mugambi barred Parliament from proceeding with the process until May 29, 2025, when he is expected to deliver a substantive ruling.

“The High Court does issue conservatory orders suspending consideration and vetting of Erastus Ethekon; Anne Nderitu; Moses Mukhwana; Mary Sorobit; Hassan Noor Hassan; Francis Aduol and Fahima Abdallah for the positions of Chairperson and Commissioners of the Independent Electoral and Boundaries Commission by the National Assembly,” ruled Mugambi.

The orders stemmed from a petition filed by two voters, Kelvin Omondi and Boniface Mwangi, who challenged the process on grounds of procedural irregularities and alleged violations of constitutional and legal requirements by the selection panel.

Through advocates Paul Muite and Ochieng Odinga, the petitioners argued that the process lacked transparency, failed to ensure public participation, and breached several provisions of the Constitution.

JLAC Vice Chairperson Mwengi Mutuse said the committee had intended to carry out the vetting today and report to the House this week, enabling the nominees to be formally appointed by the President by Friday.

However, the matter was dropped from the committee’s agenda in compliance with the court’s orders.

“Given the great public interest in this matter, we expect the court and the parties in the case to expedite conclusion of the case and pave the way of the long overdue reconstitution of IEBC since at the moment our hands are tied,” said Mutuse.

Meanwhile, a parallel dispute is brewing in the Senate, where several lawmakers have demanded to be included in the vetting process, arguing that the responsibility is too consequential to be left solely to their counterparts in the National Assembly.

In a heated session last week, senators insisted that the reconstitution of the IEBC is a matter of national significance that affects both tiers of government, and thus requires the involvement of both Houses of Parliament. 

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Senate JLAC Chairperson Hillary Sigei maintained that the vetting process should be conducted jointly, as has been the standard practice for high-level state appointments.

“The amendment to the Constitution that replaced the term ‘Parliament’ with ‘National Assembly’ was only intended to apply during the transitional phase. Since then, the National Assembly has continually frustrated our efforts to reinstate the word ‘Parliament’ in legislation,” said Sigei.

Busia Senator Okiya Omtatah added that although Article 250(2) of the Constitution may seem to exclude the Senate, the Constitution must be read holistically, especially considering that IEBC commissioners oversee elections for senators, governors, and county assembly members.

“The IEBC’s role is central to devolution, and the names of nominees must be tabled in the Senate for approval,” Omtatah said.

Nandi Senator Samson Cherargei called for a joint committee of both Houses to vet the nominees, noting that even Article 88, which establishes the IEBC, does not justify unilateral vetting by the National Assembly.

“We are demanding the National Assembly withdraw the public notice inviting Kenyans to submit memoranda on the IEBC nominees until an agreement is reached to conduct joint vetting, given the urgency of the matter,” said Cherargei.

Nyamira Senator Okong’o Omogeni, a Senior Counsel, claimed that the marginalisation of the Senate was part of a deliberate plot during the Naivasha constitutional negotiations.

“The dismemberment of the Senate’s oversight and legislative authority was plotted during the Naivasha process. The current law, as drafted, locks out the Senate from the process that directly affects the institution, which needs to be addressed urgently,” said Omogeni. 

The IEBC has operated without commissioners since January 2023, when former Chairperson Wafula Chebukati and Commissioners Abdi Guliye and Boya Molu exited after completing their six-year, non-renewable terms.

Former Vice Chairperson Juliana Cherera and Commissioners Justus Nyangaya and Francis Wanderi resigned following the formation of a tribunal chaired by Justice Aggrey Muchelule to investigate their conduct during the 2022 election.

Commissioner Irene Masit, who chose to face the tribunal, was subsequently removed from office after being found unfit to serve.

In March 2023, a new IEBC selection panel was constituted, chaired by Nelson Makanda. However, its work was delayed amid protests from the opposition, which objected to the panel’s composition and legitimacy.

The reconstitution of the selection panel became a key item in the National Dialogue Committee (NADCO) talks, with Azimio leaders insisting that they would not recognise any IEBC formed under the disputed panel.