By TWV Team
The High Court has set 23 June 2025 as the hearing date for a case seeking to stop the swearing-in of seven individuals nominated to the Independent Electoral and Boundaries Commission (IEBC). This follows a mention of the matter before a three-judge bench composed of Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye, who were recently appointed by Chief Justice Martha Koome.
However, President William Ruto officially gazetted Erastus Edung Ethekon’s appointment as the new Chairperson of the IEBC. In a gazette notice dated 10 June 2025, the Head of State named six new commissioners, including the Registrar of Political Parties, Ann Njeri Nderitu. The others are Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
The judges had directed all parties to expedite the filing of their submissions, noting that none had been filed by the time the case came up for mention. The petitioners, Kenyan voters Kelvin Omondi and Boniface Mwangi, were given until 16 June 2025 to submit their arguments. Each of the eight interested parties has three days to file and serve their submissions, while the respondents, comprising the IEBC, the Attorney General, the IEBC Selection Panel, and the National Assembly, must file their responses by 19 June 2025.
The case, filed by Omondi and Mwangi, challenges the constitutionality of the nomination process, alleging it was neither transparent nor compliant with legal requirements. They seek to have the nominations declared illegal and the process restarted, in accordance with the Constitution.
Chief Justice Koome ordered daily hearings due to the matter’s national significance. The three-judge bench was empanelled following a ruling on 29 May 2025 by Justice Lawrence Mugambi, who determined that the petition raised substantial constitutional questions. He referred the matter to the Chief Justice, citing the need for a multi-judge panel as required under Article 165(4) of the Constitution.
Justice Mugambi allowed Parliament to proceed with the vetting process but issued a conservatory order barring any formal appointment, gazettement, or swearing-in of the nominees. The conservatory order remains in effect pending the court’s final determination of the petition.
The individuals affected by the order are:
- Erastus Edung Ethekon
- Ann Njeri Nderitu
- Moses Alutalala Mukhwana
- Mary Karen Sorobit
- Hassan Noor Hassan
- Francis Odhiambo Aduol
- Fahima Arafat Abdallah
The National Assembly had completed vetting and recommended the seven for appointment by President Ruto. However, the court has now frozen their assumption of office as it examines the legality of the selection process.
The outcome of this case is expected to have far-reaching implications for the independence and integrity of Kenya’s electoral body ahead of future national elections.
