The High Court has upheld the nomination of the seven Independent Electoral and Boundaries Commission (IEBC) nominees but has quashed their gazettement by President William Ruto.

This comes after a three-judge bench led by Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye dismissed a petition filed by Kelvin Roy Omondi and Boniface Mwangi challenging the IEBC nominees, citing different shortcomings in the process.

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.

The three-judge bench has on Thursday, July 10, 2025, dismissed the entire petition barring the seven nominees from gazettement, taking the oath of the office.

“The prayer by the petitioners to declare the seven IEBC nominees illegal, null and void is declined,” the bench stated.

The bench has stated that there was no evidence produced by the petitioners to prove the said nominees come from the same community or region, thus no basis for the allegations.

Threshold

Additionally, they have said that the petition by Roy and Boniface did not meet the required threshold to invoke the court’s jurisdiction.

“In view of the foregoing authorities, the failure by the petitioners to articulate how the cited provisions of the Constitution, provisions of the Bill of Rights rather, have been violated or threatened with violation in relation to the relief sought, this court finds that the petition is, in so far as it claims to be brought under Articles 22 and 23 of the Constitution, falls short of the threshold required to invoke the court’s jurisdiction under Articles 22 and 23,” the bench ruled.

Further, they stated that the petition does not meet the threshold of the importance of the Bill of Rights under Articles 22 and 23 of the Constitution, and the court is not persuaded that it could be just to dismiss the petition indeed.

Further, it’s a relief for the nominated IEBC Chairman Erastus Edung after the court dismissed the allegation that his nomination violated the Constitution.

The bench has also dismissed an attempt by the petitioners to block Registrar of Political Parties Ann Nderitu from being in the IEBC commission.

“The prayer for declaration of Ann Nderitu for the appointment to the IEBC that she was at the time of nomination in the office of the registrar of political parties is hereby declined,” the bench ruled.