IEBC nominees cleared amid fears of potential bias and political links

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

Seven nominees to the Independent Electoral and Boundaries Commission have been approved by the National Assembly.

This is despite fears of potential bias in the execution of their mandate, thanks to their special relationship with key figures in the broad-based government. Yesterday, the Justice and Legal Affairs Committee (JLAC) cleared Erustus Edung Ethekon, who had been nominated as the chairperson, Ann Njeru Nderitu, Moses Alutalala Mukwhana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah as commissioners.

This report of their vetting is expected to be debated on the floor of the House today. This was confirmed by JLAC committee chairperson George Murugara yesterday, as he tabled the report.

“I beg to give notice of the following motion. That taking into consideration the findings of the departmental committee on JLAC in its report on the vetting of nominees for the position of chairperson and members of the IEBC, laid on the table of the house today. Under the provisions of article 252b of the constitution, the committee approves the appointment of Erustus Edung Ethekon as the chairperson and Ann Njeri Nderitu, Moses Alutalala Mukwhana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah as members of IEBC,” submitted Murugara.

Parliament is now expected to debate the committee’s report and to either approve it, reject it or make amendments to the appointees who have strong links to President William Ruto and ODM leader Raila Odinga and their close associates, raising concerns amid a trust deficit on the part of IEBC to deliver a credible election.

During their vetting on Saturday last week, the seven nominees faced questions of how they would restore the public’s trust in IEBC even as they defended their suitability for office.

Ethekon faced tough questions of his impartiality ahead of the 2027 polls, having worked with State House Deputy Chief of Staff Josphat Nanok. The House team raised concerns over his previous ties with Ruto aides and revealed that it had received formal objections from three individuals who had cited perceived bias on the part of Ethekon due to his prior association with Nanok, the former Turkana governor.

“The objection claims you might favour President William Ruto in the 2027 elections because of your links with Nanok, who was your boss when you served as legal advisor in Turkana,” said Rarieda MP Otiende Amollo.

But Ethekon responded that he would abide by the Constitution and the laws of Kenya in carrying out his mandate should he be confirmed for the coveted position. “No official, whether small or big shall influence my running of the commission and I shall rely on the laws of Kenya. I shall not be biased in favour of President William Ruto,” he said.

He explained that his relationship with Nanok was purely professional and only lasted for four years as they served in different capacities in Turkana County government.

“Our professional relationship ended in 2022 after Nanok left and I continued serving under Jeremiah Lomorukai, the current governor for another two years. For the record, I am not related to Nanok—not even at the clan level, let alone family. Our work together was about service delivery for the people of Turkana, and nothing more,” he clarified.

“Whatever past professional associations I may have had, the IEBC is an independent institution, and I intend to uphold that independence without compromise.”

The nominee, who declared his net worth to be Sh227 million, further dismissed the notion that he had been “pushed” by certain interest groups to apply for the chairperson’s role.

“I want to emphasise that all these conspiracy theories that I might have been pushed around by certain interest groups to apply (are not true). Ordinary Kenyans are actually concerned and they urged me to apply. I went through interviews, they were televised, I gave my account on why I should be considered for this position,” he said.

Anne Nderitu, the registrar of Political Parties, faced claims of being pushed by “higher-ups” and had to defend her nomination to the commission and claims of a lack of independence in the execution of her mandate as the Registrar.

“I’m equally impressed by the nominee that she served for two years after university before she joined IEBC, having been seconded by the late former IEBC chair Wafula Chebukati. I’m wondering what is this helping hand is that is taking her through all these positions. Is she the deep state that people talk about?” posed Wajir East MP Mohamed Daud.

Amollo said there had been objections to her nomination as commissioner based on her current role.

“We have submissions objecting to your nomination because you are currently serving as the Registrar of Political Parties, and therefore, ineligible for the position of IEBC commissioner,” Amollo said.

Nderitu, whose net worth stands at Sh138 million, referred to a 2014 ruling by the National Assembly, in which the Speaker ruled that a public office does not fall vacant upon nomination but only after appointment.

“When I was applying for the job, I was fully aware that one cannot be appointed as a commissioner while still holding a state office. This is a process. I have not been appointed, and the law allows one to resign before formal appointment,” she observed.

And in dismissing insinuations that President Ruto was behind her nomination to the commission, she attributed her scaling up the ladder to God and her “champion” work ethic.

She also disputed claims of being a stumbling block in the registration of political parties and consulting ‘higher-ups’ before deciding her current role.

She argued, “The issue of registering a party is governed by law, which stipulates which steps to follow. At no point do we consult anybody on whether to register a political party or not. Since 2018, I have registered thirty-four political parties. Right now, there are about forty undergoing registration…”

Moses Mukhwana was questioned over his neutrality given his close ties with Prime Cabinet Secretary Musalia Mudavadi and his relationship with Ruto. He previously served as a legal consultant in the now-defunct Amani National Congress (ANC) party.

“I was a lawyer for ANC in my capacity as a professional lawyer and consultant, but never a member of the organ…I don’t think that would be very fair for that to be used against me,” submitted Mukhwana.   

“The President saw something useful and appointed me. I don’t think he expects me to do something against the law that will be stretching generosity too far,” he added.

Former Rift Valley Provincial Commissioner Hassan Noor was forced to defend his relationship with the National Assembly Leader of Minority Junet Mohamed and the late inclusion of his name on the list of nominees.

“I’m related to Junet. I’m his brother-in-law. I existed long before Junet was born,” Noor said. He, however, denied Junet’s involvement in having his name sneaked into the list.

Also pressed with hard questions was Mary Sorobit previously served at the Jubilee Party secretariat before moving to Ruto’s United Democratic Alliance (UDA) party, where she is still a member.

“I have never been biased since my days at the Law Society of Kenya. I discharge my work professionally. If I find favour, the client in this case is Kenya, and Kenyans come first before anyone else,” she said.

Prof Francis Aduol and Fahima Abdalla said they would employ their skills in boundary delimitation and rally the youth towards the government agenda.