A petition seeking to stop the vetting and approval of President William Ruto’s nominees for the positions of chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC) will be heard on Monday, May 19, 2025.

Justice Lawrence Mugambi on Friday adjourned the case after it emerged that one of the nominated commissioners, Fahima Araphat Abdallah, had not been served with a notice to appear in court. However, the judge ordered the petitioners, Kelvin Roy Omondi and Boniface Mwangi, to serve all seven nominees, including the chairperson nominee, Ethekon Edung Thekon, afresh via advertisement in a nationwide newspaper before today

. Justice Mugambi also directed the petitioners, through their lawyer Paul Muite, to appear for the hearing of their application on May 19 at 10:30 a.m. in open court.

The application seeks to suspend any consideration, vetting or approval of the nominees by the National Assembly. The petitioners argue that the selection process was flawed, opaque, and unconstitutional. In the petition filed by Omondi and Mwangi are seeking interim conservatory orders to suspend any consideration, vetting, or approval of the seven nominees by the National Assembly.

Through their lawyer, Douglas Otieno, they also want the court to bar the nominees from assuming office, drawing salaries, or acting as IEBC officials, even if they have already taken the oath of office by the time the case is heard.

The petition follows the public notification made on May 8, 2025, by the Head of Public Service, which announced the President’s nomination of Ethekon (Chairperson) and six others, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah for IEBC commissioner roles.

The petitioners argue that the selection process was flawed, opaque, and unconstitutional. They claim that some names were irregularly added to the shortlist under unclear circumstances, while others lack the necessary qualifications or violated legal and constitutional requirements. For instance, they allege that Anne Nderitu remains a state officer, disqualifying her from the role.

Mary Karen Sorobit held a senior position in the Jubilee Party within the past five years, while Hassan Noor Hassan had previously contested for political office. The petitioners also raises concerns about lack of regional and ethnic balance, exclusion of persons with disabilities, and the alleged failure to consult opposition parties as required under the National Dialogue Committee Report and recent amendments to the IEBC Act.

The petitioners maintain that the integrity of the electoral process is at stake and that public confidence in the IEBC must be preserved. They warn that allowing the nominees to take office without addressing these concerns would render the petition moot, as constitutional provisions do not allow for the removal of commissioners on grounds related to irregular appointments