Why petitioners want vetting of Ruto IEBC nominees stopped

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

Two Kenyan voters have moved to the High Court 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).

Kelvin Roy Omondi and Boniface Mwangi are seeking interim conservatory orders to suspend any consideration, vetting, or approval of the seven nominees by the National Assembly.

Through their lawyer Douglas Otieno, they also want the court to bar the nominees from assuming office, drawing salaries, or acting as IEBC officials, even if they have already taken the oath of office by the time the case is heard.

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.

They warn that allowing the nominees to take office without addressing these concerns would render the petition moot, as constitutional provisions do not allow for removal of commissioners on grounds related to irregular appointments.