High Court clears National Assembly's approval process of IEBC nominees

Nairobi County, Thursday, July 10, 2025.

The High Court has dismissed a Petition challenging the approval process of nominees to the Independent Electoral and Boundaries Commission (IEBC).

Consequently, the Government Printer has released a fresh gazette notice, detailing the appointment of the nominees by the President; H.E. (Dr.) William Ruto.

The appointees are Mr. Erastus Edung Ethekon for Commission Chairperson and Commissioners; Ms. Ann Njeri Nderitu, Mr. Moses Alutalala Mukhwana, Ms. Mary Karen Sorobit, Mr. Hassan Noor Hassan, Mr. Francis Odhiambo Aduol, and Ms. Fahima Araphat Abdallah.

In their Judgement, the Three Judge Bench Comprising Justices John Chigiti, Roselyn Aburili and Bahati Mwamuye, found that the process was above board, and had been undertaken in strict adherence to the corresponding Law.

The Judges, however, blocked the subsequent swearing-in of the nominees on account of the Court's initial order, dated May 29, 2025, which prevented the President from appointing the nominees if approved by Parliament.

On May 29, 2025, the High Court order, Justice Lawrence Mugambi had issued conservatory orders barring the gazettement or assumption of the said IEBC posts pending the hearing and determination of the case. 

In their Judgement, the Judges found this to have been contravened even as they approved the Parliamentary process.

“The processes of selection, nomination, and appointment of the IEBC nominees did not violate the Constitutional principles of public participation, consultation with political parties, and access to

information as enshrined in Articles 10, 35, and 38 of the Constitution."

They added: "The Recommendations contained in the Report of the National Dialogue Committee (NADCO) do not apply to the issue of selection, nomination, and appointment of the Chairperson and the Commissioners of the IEBC."

This therefore meant that the National Assembly's findings on the suitability of the seven nominees to the positions of Chairperson and six IEBC Commissioners could not be faulted. 

The Judges thus invalidated the Petitioners' claims that the nominees were unqualified for nomination and approval to the said positions on the petitioners' alleged claims of unsuitability. 

The Petition had been filed by Mr. Kelvin Roy Omondi and Boniface Mwangi. 

Besides the National Assembly, the other Respondents were the Hon. Attorney General, the Head of Public Service and the nominees.

Regarding a question of the non-joinder into the Petition of the IEBC Selection Panel and Parliamentary Service Commission (PSC), the court held that the same would have offended Article 50 of the Constitution.

The Petition was dismissed with no orders as to costs.