A three-judge bench hearing a petition against the Independent Electoral and Boundaries Commission (IEBC) nominees has declined to fine or jail President William Ruto, Attorney General Dorcas Odour, and Head of Public Service Felix Koskei for contempt of court.

Senior Counsel Paul Muite on Monday, June 23, 2025, urged the court to impose a fine and jail the president, Attorney General and Head of Public Service for defying High Court orders that barred the gazettement of the IEBC commissioners.

Issuing the ruling, Lady Justice Roselyne Aburili, Justice John Chigiti, and Justice Bahati Mwamuye on Tuesday, June 24, 2025, declined to find the Government Executive guilty of disobeying court orders on the gazettment of the commissioners.

Further, they cited that the application for the contempt of court was made orally, thus lacking a formal application, and that the president, AG, and Head of Public Service were not given an opportunity to be heard.

“This court also notes that contempt of court is an issue that can be dealt with by the court at any stage of the proceedings, even post-judgment, and in the absence of any formal application according the alleged contemnors the opportunity to respond thereto, we find that the oral application for contempt of court is not well placed,” the bench ruled.

“For the contempt of court made by the petitioners on June 23, 2025, one that the question of contempt of court being a grave one cannot be determined meritoriously on an oral application and against persons some of whom are not parties to these proceedings and have not been given an opportunity to be heard in reply, those shall be the orders of the court,” the three-judge bench ruled.

On Monday, June 23, 2025, Muite urged the court to fine or jail President, Attorney General Dorcas Oduor, and Head of Public Service Felix Koskey for two years for contempt of court.

“In the sentence provided before the High Court, it is we, a nation, that should consider imposing a sentence of two years for the president in his office. For the others — the Government Printer, the Attorney General, and the Head of Public Service — they should start serving their sentence immediately, unless, of course, they are in contempt,” Muite told the court.

Presidential immunity

Muite, who is representing petitioners Kelvin Roy Omondi and Boniface Mwangi in their petition challenging the IEBC nominees, argued that even though the Constitution provides immunity to the President while in office, the fine for contempt of court orders should be suspended until his term expires.

He also noted there was no reason for the President to defy the court orders, stating that he was aware of them since he was represented by the Attorney General when the orders were issued by Justice Lawrence Mugambi.

“The Head of the Public Service was represented by the Attorney General, who was present in court, as was the Government Printer when the orders were issued,” Muite stated.

“In addition to the Attorney General, their counsel having been in court, service was effected on the Attorney General, on the Government Printer, and on him, on the Public Service. It is our submission that service on the Attorney General is service to the President,” Muite told the court.

On May 29, 2025, Judge Lawrence Mugambi allowed the National Assembly to proceed with the vetting process of the proposed IEBC commissioners.

However, Justice Mugambi issued conservatory orders preventing the gazettement, swearing-in, or assumption of office by the seven nominees once the vetting and approval process by Parliament is complete, or by any other person or persons as chairperson or commissioners of IEBC.

“Pending the hearing and determination of the petition, a conservatory order is hereby issued forbidding the gazettement, swearing-in, or assumption of office by Erastus Edung, Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah, or any other person or persons as the Chairperson or Commissioners of IEBC,” Judge Mugambi ruled.