The National Assembly has sought to dismiss the injunction to the process of vetting the nominees for the Independent Electoral and Boundaries Commission (IEBC ), that was temporarily stopped in its tracks following a conservatory ruling on Monday, May 19, 2025.

In a statement dated Thursday, May 22, 2025, the National Assembly has asked the High Court to strike out a petition seeking to stop the vetting for the Independent Electoral and Boundaries Commission (IEBC) Chairperson and six other commissioners.

Justice Lawrence Mugambi delivered the conservatory orders halting the vetting and approval of President William Ruto’s nominees following a petition filed by activists Kelvin Roy Omondi and Boniface Mwangi.

The petitioners cited that the process was marred by irregularities, violated constitutional provisions, and failed to uphold public participation.

However, the parliament, through affidavits presented to the court, has argued that the suit is premature, as it seeks to stop a matter already active before it.

They contend that the petition is speculative on the decision that the parliament would adopt.

“To the extent that the petition and the notice of motion challenge an ongoing constitutional process in respect of which no decision or action has been taken by the National Assembly, the petitioners’ notice of motion and petition are speculative and deal with prospective anticipatory circumstances rather than current or probable events,” part of the National Assembly statement read.

The National Assembly has also noted that the petitioners have not exhausted all available avenues under the constitution and the standing orders; thus, the petition and application violate the doctrine of exhaustion and are therefore premature.

In addition, the third respondents in the suit argue that prevailing circumstances of the matter favour a continuation of the process, as they had already initiated the process of having the views of citizens incorporated in the vetting process.

“The public interest overwhelmingly favours the continuation of the approval process, particularly given that members of the public have already submitted memoranda and expect their views to be heard and considered by the committee,” the statement continued.

Ruto on Thursday, May 8, 2025, nominated Erastus Edung Ethekon for IEBC Chairperson and commission nominees Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo, and Fahima Abdalla as the new members of the electoral body.

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