Two petitioners have made a last-ditch effort to stop the appointment of new commissioners for the Independent Electoral and Boundaries Commission with a letter to Chief Justice Martha Koome.

The move came barely hours after President William Ruto appointed Erastus Edung Ethekon as the Chairperson of the IEBC for a term of six years, alongside five other commissioners.

In their letter to Koome, the petitioners questioned the legality of the gazettement of the new chair and commissioners and faulted the President for allegedly bypassing the Judiciary with his move.

While the appointments were made under the powers granted to the President under Article 250(2) of the Constitution, alongside Section 5(2) and Paragraph 4 of the First Schedule to the IEBC Act, questions were raised on the legality of the appointments, especially since conservatory orders had been issued on May 19.

The Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Edung Ethekon during a past event.

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Judiciary

The court orders effectively blocked vetting and approval of Ruto's IEBC picks, pending the determination of a separate petition filed by two individuals.

"In a strange twist of events and in utter disregard of conservatory orders issued by the Milimani Court, the President on June 10 contentiously gazetted and pursuant to such gazettment appointed the interested parties," the petitioners' letter read in part.

While the gazettement of the commissioners is legally binding and formalises the appointment, Edung Ethekon and his commissioners cannot perform their duties until they are sworn in.

The petitioners are hoping to bank on this loophole, as they appealed to the CJ to refrain from swearing in Ruto's appointees.

"Your ladyship, the Judiciary remains the last bastion of hope in upholding the rule of law and constitutionalism. Vide this letter, we humbly urge your good office and the judiciary as a whole not to participate in any oath taking and assumption of office by the interested parties until the subject of the petition is heard and determined as was so ordered," the letter went on.

Since the High Court's orders still stand in effect, it remains to be seen whether the swearing-in can proceed amid a constitutional challenge.

Legal experts weighed in on the gazettement, terming it a gross violation of the Constitution, a move they say could see the matter return to court with a fresh legal challenge.

If Koome proceeds with the swearing-in, the new IEBC chair and his commissioners will officially begin their term, which is supposed to run for six years.

Chief Justice Martha Koome addressing the press during the swearing-in of the Independent Electoral and Boundaries Commission (IEBC) Selection Panel at the Supreme Court building on January 27, 2025.

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Judiciary