Nairobi — President William Ruto has gone ahead with the appointment of a new Independent Electoral and Boundaries Commission (IEBC) team, brushing aside a court order that had put the process on hold.
In a late-night gazette notice issued on Tuesday, Ruto named Erastus Edung Ethekon as the new chairperson of the IEBC, alongside six commissioners all set to serve six-year terms. But the move has triggered sharp legal and political debate, as it directly clashes with an earlier High Court order suspending the appointments.
A three-judge bench led by Justice Roselyne Aburili, with Justices Bahati Mwamuye and John Chigiti, upheld the temporary order on Monday. They ruled that the status quo be maintained until a constitutional petition challenging the appointment process is fully heard.
Court vs State
The petition filed by activists Boniface Mwangi and Kelvin Roy argues that the selection lacked transparency and failed to meet constitutional standards, particularly around public participation.
Their legal team, led by senior counsel Paul Muite and advocate Douglas Otieno, contends that Kenyans were shut out of a critical process that affects the integrity of future elections.
Justice Lawrence Mugambi initially issued the order blocking the gazettement of the appointments. He later referred the matter to Chief Justice Martha Koome, who empaneled a three-judge bench. The case is scheduled for hearing on 23 June.
Until then, the legal position remains clear: the appointments are suspended. Yet the gazette notice issued from State House appears to ignore that ruling.
Who’s In the New Team?
Apart from Ethekon, the appointees include Ann Njeri Nderitu, Moses Kipkogey Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. All were approved by the National Assembly following vetting.
But without the legal green light, their roles remain in limbo.
Government Stance
State officials insist the appointments followed the law and were urgently needed.
“The IEBC has been without a full commission since the last elections,” a senior official said on condition of anonymity. “We cannot afford to go into another cycle without a properly constituted body.”
The IEBC has operated in a vacuum since its leadership exited after the contentious 2022 elections. With the 2027 polls on the horizon, pressure to fill the void has grown.
Public Reaction and Legal Concerns
Civil society groups and legal scholars have raised alarm over what they see as a direct affront to the judiciary.
“If the executive disregards court orders, what message does that send to the public?” asked Regina Nduta, a constitutional law lecturer at the University of Nairobi. “This could set a dangerous precedent.”
Opposition leaders have also condemned the move. “It’s not just about who sits at the IEBC,” said Senator Edwin Sifuna. “It’s about the process. If that’s flawed, the entire institution is compromised.”
Still, some supporters argue the court’s delay risks paralysing vital state functions.
What Happens Next?
The fate of the new commission now hangs in the balance. If the court upholds the petition, the appointments may be declared null and void, forcing a restart of the selection process.
But if the court clears the process, Ruto’s appointments could stand albeit shadowed by controversy.
The June 23 court session is expected to be pivotal. Until then, Kenya watches closely as its democracy tests the limits of executive power and judicial oversight.
