President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC) have suffered a setback after the High Court issued conservatory orders halting their vetting and approval by the National Assembly.

In a ruling delivered yesterday, Justice Lawrence Mugambi (above) temporarily stopped Parliament from proceeding with the vetting of the seven nominees, including Chairperson Erastus Edung Ethekon, until May 29, when the court is expected to issue a final determination on the matter.

The nominees were seconded to the President after interviews by the Nelson Makanda-led Selection Panel. President Ruto forwarded their names to Parliament for approval.

The court’s move could delay the IEBC reconstitution in readiness for the mass registration of voters and conducting of by-elections. The court intervention follows a petition filed by two citizens, Kelvin Omondi and Boniface Mwangi, who are challenging the legality and transparency of the selection process.

Violated provisions

The duo, represented by lawyers Paul Muite and Ochieng Odinga, argues that the process was marred by irregularities, violated constitutional provisions, and failed to uphold public participation. “The nomination process was marred by irregularities, lacked transparency, and violated key constitutional provisions, including those guaranteeing merit-based appointments, regional and ethnic balance, and inclusion of persons with disabilities.”

The petitioners took issue with the inclusion of certain nominees, particularly Commissioner Hassan Noor, whose name, they claim, was never part of the initial shortlist or advertised list.

Muite described the inclusion as a deliberate attempt to circumvent the rules. “We are raising the issue of the fifth Commissioner, Hassan Noor, who was not shortlisted in the initial process. He was not in the advertising list made by the selection panel,” Muite told the court.

The legal team said moving forward with the vetting before the issues are resolved would undermine the integrity of the electoral body and risk future political instability. The Attorney General’s office opposed the court’s intervention. Through Chief State Counsel Emmanuel Bitta, the AG argued that the petition was premature and amounted to judicial overreach.

The National Assembly’s Departmental Committee on Justice and Legal Affairs was set to begin vetting IEBC chairperson nominee Erastus Ethekon and six other commissioner nominees on May 26. The House had called on the public to submit memoranda within the two-week window.