Court sets hearing date for IEBC nominees

Former Turkana county Attorney Mr Erastus Edung Ethekon when he appeared before the selection panel in Nairobi on March 25th 2025. (Collins Oduor, Standard)

A three-judge bench has scheduled June 23 as the hearing date for a petition that has blocked the swearing-in of seven nominees to the Independent Electoral and Boundaries Commission.

Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye issued the directive yesterday, following confirmation from both petitioners and respondents that they had yet to file their submissions. The case was filed by Kenyan voter Kelvin Omondi and activist Boniface Mwangi, who argue that the nomination process lacked transparency and may have breached constitutional requirements.

The petitioners are seeking a declaration that the appointment of the seven nominees, led by Chairperson Erastus Edung Ethekon, is illegal and unconstitutional. They are also calling for a fresh nomination process to be conducted in line with the law.

Owing to the urgency of the matter, the court directed the petitioners to submit their written arguments by 14 June. Respondents, including the IEBC, the Attorney General, the IEBC Selection Panel, and the National Assembly — have been given until 19 June to file their responses.

The judges set the hearing for June 23, in line with a directive by Chief Justice Martha Koome issued on May 30, which emphasised the need to expedite the case due to its national importance.

This development follows the National Assembly’s vetting of the seven nominees last week, after which it recommended their appointment by President William Ruto.

However, their formal appointment, gazettement, and swearing-in have been halted by a court order pending the resolution of the case.

Earlier, Justice Lawrence Mugambi had allowed Parliament to proceed with the vetting, but barred any formal appointments. He issued conservatory orders restraining the government from gazetting or swearing in the nominees until the matter is determined. “Pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding the gazettement, taking of oath, or assumption of office by the interested parties, namely: Erastus Edung Ethekon, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, Fahima Arafat Abdallah, or any other person nominated as chair or commissioner of the IEBC,” Justice Mugambi ruled.

In his judgment, Justice Mugambi emphasised that judicial intervention is warranted where there is a credible threat to the Constitution, even in the absence of demonstrable harm.

“The petitioners have highlighted potential constitutional breaches that demand the court’s attention, which must be addressed,” he stated.

He further underscored the distinct, but complementary roles of Parliament and the Judiciary. “While Parliament is constitutionally empowered to vet nominees, the courts have a responsibility to ensure the process adheres to constitutional standards,” he said.

The petitioners claim that the nomination process was marred by procedural flaws, a lack of transparency, and a failure to uphold constitutional values.

The court is expected to determine, among other things, if the President failed to consult majority and minority parties, as required by Dialogue Committee recommendations.