Nancy Odindo, a TUKO.co.ke journalist, has over four years of experience covering Kenyan politics, news, and features for digital and print media.

The High Court has temporarily suspended the vetting and approval of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC), in a significant blow to the ongoing reconstitution process.

In a ruling delivered on Monday, May 19, Justice Lawrence Mugambi issued conservatory orders barring the National Assembly from proceeding with the vetting of the seven nominees, including chairperson-designate Erastus Edung Ethekon.

The suspension will remain in effect until May 29, 2025, when the court is expected to issue a substantive ruling on the legality of the appointments.

The orders follow a petition filed by two citizens—Kelvin Omondi and activist Boniface Mwangi—challenging the transparency and constitutionality of the nomination process.

Represented by senior counsel Paul Muite and advocate Ochieng Odinga, the petitioners allege that the process was fraught with irregularities and failed to uphold key constitutional principles.

“The nomination process lacked transparency, flouted merit-based appointment guidelines, and failed to reflect regional, ethnic, and disability representation,” the lawyers submitted.

A major point of contention is the inclusion of Hassan Noor Hassan as one of the proposed commissioners.

According to the petitioners, Noor's name was not included in the original shortlist published by the IEBC selection panel, making his nomination procedurally unlawful.

“We raise the issue with the nomination of Hassan Noor, who was not among the candidates shortlisted by the panel. His name was added after the deadline, without public notice,” said Muite.

The petitioners warned that allowing the vetting to proceed without addressing these issues could damage the credibility of the electoral commission and destabilise future electoral processes.

However, the Attorney General’s Office opposed the petition, describing it as premature.

Chief State Counsel Emmanuel Bitta argued that the matter was not ripe for judicial intervention and that the petitioners had failed to exhaust constitutionally mandated alternatives.

“The petition is non-justiciable as it was filed in contravention of the principle of ripeness,” Bitta stated.

The court’s decision halts a crucial phase in Ruto’s efforts to reform the IEBC as the legal battle over the validity of the nominations unfolds.

The petition also cites a lack of regional balance and claims the nominations could undermine Ruto as the legal battle over the validity of the nominations unfolds.

Justice Lawrence Mugambi ruled that the court has issued conservatory orders to stay and suspend the consideration and vetting of the nominees for the positions.

The president had nominated Ethekon as IEBC chairperson, alongside commissioners Moses Alutalala Mukhwana (Kakamega), Ann Nderitu (Nyandarua), Francis Odhiambo Aduol (Kisumu), Mary Karen Sorobit (Uasin Gishu), Fahima Arafat Abdallah (Lamu), and Hassan Noor Hassan (Mandera).

Meanwhile, the opposition has strongly criticised Ruto over the recent nomination of IEBC members, accusing him of orchestrating a partisan recruitment process aimed at securing his re-election in 2027.

Led by former deputy president Rigathi Gachagua and Wiper Party leader Kalonzo Musyoka, they claimed the entire process was flawed from the beginning, alleging that the selection panel was dominated by Ruto’s loyalists and close associates, effectively turning it into a political arm of State House.

The opposition further linked the appointments to a political alliance between Ruto and Raila Odinga, branding the new commission as a tool for state capture and premeditated electoral fraud.

They vowed to resist what they described as the subversion of democracy and announced plans to establish a parallel citizen-led body, the "People’s IEBC," to monitor the commission’s operations and ensure adherence to constitutional values and governance principles.

Source: TUKO.co.ke