NAIROBI — After more than two years without a fully constituted electoral commission, Kenya finally has a new team in place. But the appointments are already under legal fire, stirring unease just as the country approaches a high-stakes electoral season.
On Tuesday evening, President William Ruto formally gazetted Erastus Edung Ethekon as the new chairperson of the Independent Electoral and Boundaries Commission (IEBC). Ethekon will serve a six-year term, succeeding Wafula Chebukati, whose tenure ended in January 2023.
In the same announcement, six commissioners were also named to the panel. They include Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Francis Odhiambo Aduol, and Fahima Araphat Abdallah each appointed for six years following parliamentary vetting.
But the road ahead is far from smooth.
Court Challenge Casts Doubt
Earlier this month, High Court Judge Lawrence Mugambi issued a conservatory order suspending the swearing-in of the new appointees. The case, brought by activist Boniface Mwangi and voter Kelvin Omondi, claims the entire selection process was unconstitutional.
“The petitioners have highlighted potential constitutional breaches that demand the court’s attention and must be addressed,” Justice Mugambi said in his ruling.
The plaintiffs argue that the process lacked transparency and failed to meet legal standards, calling for a fresh round of nominations. They have not objected to any individuals personally but question how the appointments were made.
A Long Wait for Leadership
Since the previous commissioners exited in early 2023, the IEBC has operated in limbo. Key electoral planning stalled. By-elections were delayed. And public trust in the institution wavered.
For a commission tasked with overseeing Kenya’s fiercely contested elections, the vacuum raised growing concern among civil society and political observers.
“Restoring credibility to the IEBC must start with how its leaders are chosen,” said constitutional lawyer Linda Musumba. “Any perception of bias or political manipulation undermines the entire process.”
Political Stakes Rising
President Ruto’s government has defended the appointments as lawful and timely. In his official gazette notice, Ruto cited his authority under Article 250(2) of the Constitution and relevant sections of the IEBC Act.
Government allies have framed the court challenge as politically motivated. But opposition figures have echoed the call for a more transparent selection process, arguing that trust in the IEBC is too fragile to risk a rushed or partisan reconstitution.
The reappointment comes as Kenya prepares for a wave of local and national votes, including critical boundary reviews and party primaries. Without a functioning commission, those plans were in jeopardy.
Uncertainty Still Lingers
Despite the formal gazettement, it remains unclear when or whether the new IEBC officials will take office. The court case continues, and no swearing-in date has been announced.
For now, Kenya finds itself in a familiar place: balancing legal questions, political pressure and public scepticism in the run-up to another electoral season.
“What Kenyans need is not just a new team,” said activist Daisy Amdany. “They need a team they can trust.”
Whether this commission can earn that trust remains to be seen.
