Nairobi |Kenya’s Parliament is set to vet nominees for the country’s top electoral body this Saturday, despite a court order that had temporarily halted the process and sparked a growing legal standoff.
The Justice and Legal Affairs Committee (JLAC) will hold the hearings for the incoming chair and members of the Independent Electoral and Boundaries Commission (IEBC) at County Hall in Nairobi, beginning at 9:30 a.m. on 31 May. This follows a directive issued by National Assembly Speaker Moses Wetang’ula, who brushed off the High Court’s earlier order suspending the appointments.
“For avoidance of doubt, nobody has the power under any law or our Constitution to injunct Parliament from doing its work,” Mr Wetang’ula told lawmakers during a session on Thursday. “I direct the JLAC Committee to proceed without hesitation and vet the nominees.”
At the heart of the dispute is a petition filed earlier this month, which challenged the legality of the selection process used to nominate the seven officials. In response, the High Court issued a conservatory order halting their swearing-in and the publication of their appointments in the official gazette.
But Speaker Wetang’ula insists Parliament is not bound by that ruling at least not when it comes to conducting its internal affairs. “Any aggrieved party, whether in the Judiciary, the Executive or the general public, can then go to court and challenge [the outcome],” he said.
A public notice issued by the Clerk of the National Assembly, Samuel Njoroge, confirmed the Saturday hearings would proceed as scheduled, citing constitutional provisions that guarantee public participation in such appointments.
Who’s In the Running
President William Ruto on 8 May nominated Erastus Edung Ethekon as the next IEBC chairperson. Mr Ethekon, a career administrator, would take over a crucial institution tasked with overseeing national elections and boundary reviews.
The president also named six others as commissioners: Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla.
The IEBC has been operating without a full commission since the resignation and expiry of terms of several members after the 2022 general election. That vacuum has sparked concern among civil society groups and election observers, who argue that delays in reconstituting the body could undermine planning for the next electoral cycle.
A Broader Tug of War
The decision to go ahead with the hearings despite the High Court’s ruling has stirred debate over the limits of parliamentary privilege and the separation of powers between Kenya’s branches of government.
Legal experts are split. Some argue that the courts have a right to intervene if constitutional procedures are flouted. Others maintain that Parliament has its own protected space under the Constitution and can’t be stopped mid-process.
“There’s a grey area here,” said constitutional lawyer Mercy Nyambura. “While Parliament is right to say it must fulfil its functions, ignoring court orders entirely risks fuelling a crisis of legitimacy.”
The JLAC committee is expected to table its report to the House shortly after the hearings. If approved, the nominees could be sworn in within days, unless a fresh court ruling intervenes.
For now, the process moves forward but under a growing cloud of legal uncertainty.
