Ruto Appoints IEBC Team Despite High Court’s Restraining Order

• Jun 10, 2025

President William Ruto has appointed Erastus Edung Ethekon as the new chairperson of the Independent Electoral and Boundaries Commission (IEBC), along with six commissioners, despite a court order stopping the move.

In a Gazette notice dated June 10, 2025, Ethekon was named to serve a non-renewable six-year term. The same notice also confirmed the appointments of Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as IEBC commissioners, each to serve a similar term.

These appointments were made under Article 250(2) of the Constitution and provisions of the IEBC Act. However, the move directly challenges a conservatory order issued earlier by Justice Lawrence Mugambi, which barred the gazettement, swearing-in, and assumption of office by the nominees.

The order followed a petition filed by activist Boniface Mwangi and voter Kelvin Omondi. The petitioners argue that the selection process lacked transparency and violated the Constitution. They want the court to nullify the appointments and direct a new, lawful recruitment process.

Justice Mugambi, while issuing the order, emphasized that courts must ensure public appointments follow constitutional guidelines. He stated, “While Parliament is constitutionally empowered to vet nominees, the courts have a responsibility to ensure the process adheres to constitutional standards.”

The legality of the appointments now rests with a three-judge bench—Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye—which is set to hear the case on June 23, 2025. The petition raises critical issues, including whether the President ignored a National Dialogue Committee recommendation to consult both majority and minority parties before appointing the IEBC team.

President Ruto had nominated Ethekon on May 8, 2025, to succeed the late Wafula Chebukati, who passed away in February. Parliament’s Justice and Legal Affairs Committee later vetted the nominees, resuming the process after a temporary court suspension was lifted.

Despite the ongoing legal challenge, the Executive proceeded with the appointments following Parliament’s approval, a move likely to fuel further political and legal debate ahead of the scheduled hearing.

All parties involved have until June 19 to file their responses before the case is heard.