NAIROBI — Kenya’s Attorney General Dorcas Oduor has asked the High Court to throw out a petition challenging President William Ruto’s nomination of seven commissioners to the electoral commission, saying the case is premature and legally flawed.
In a preliminary objection filed on Monday, Oduor said the petitioners had rushed to court without first exhausting the constitutional channels available to them a misstep she argued undermines the legal process.
“The petition offends the principle of ripeness,” read the filing. “This court’s involvement at this point would interfere with the constitutional role of Parliament and violate the separation of powers.”
Oduor warned that allowing the court to step in now could be seen as overriding the legislature’s authority to vet and approve appointments to independent commissions like the IEBC the Independent Electoral and Boundaries Commission.
The Disputed Appointments
The legal challenge was brought by activists Kelvin Roy Omondi and Boniface Mwangi. They claim the nomination process was irregular and breached the Constitution.
At the centre of the dispute is President Ruto’s recent announcement of his nominees for the electoral commission, a body that plays a central role in organising Kenya’s elections. The president named Erastus Edung Ethekon as chairperson and selected six others — Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla — as commissioners.
Omondi and Mwangi argue the process lacked transparency and failed to follow laid-down procedures. They fear Parliament could move quickly to approve the nominees, despite what they describe as “a flawed and illegal process.”
A Matter of Timing?
Oduor, however, insists the case has landed in court too soon.
She argues the petitioners should have allowed the process to run its course including public participation and parliamentary vetting before turning to the judiciary.
“This is a classic case of jumping the gun,” said a legal source familiar with the proceedings, speaking on background. “Courts are cautious about stepping in too early, especially in matters where other arms of government are still actively involved.”
The High Court is now expected to decide whether to allow the case to proceed or dismiss it outright, based on Oduor’s objections.
A Broader Debate
The dispute reflects deeper tensions in Kenya’s political and legal landscape, where the independence of electoral bodies and the fairness of appointment processes are under growing scrutiny.
It also puts the spotlight on President Ruto’s administration, which has faced criticism from some quarters over how it handles key public appointments.
For now, the fate of the IEBC nominees and the question of whether courts should intervene before Parliament acts rests with the judiciary. The case is expected to return to court in the coming weeks.
