President Williams Ruto Tuesday appointed the new commissioners and chairman to the Independent Electoral and Boundaries Commission (IEBC).
He made the announcement in a gazette notice dated June 10.
The High Court had given the green light for Parliament to proceed with the vetting of Ruto’s nominees to IEBC Selection Panel. The court, however, issued conservatory orders stopping their gazettement and swearing-in.
The case came up on June 9 for mention and the court ordered that hearing will be on June 23.
The conservatory orders staying swearing in and assumption of office subsist, the court ordered.
But the president went ahead to make the appointment.
Those he gazetted were Erastus Edung Ethekon from Turkana County as the Chairperson of the IEBC and Ann Njeru Nderitu (Nyandarua), Moses Alutalala Mukwhana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu), and Fahima Araphat Abdallah (Lamu).
The decision follows a petition filed by activists Boniface Mwangi and Kelvin Roy Omondi, who challenged the legality of the selection process.
Justice Lawrence Mugambi, who presided over the case last week ruled that while Parliament can continue with the vetting, the appointments cannot be finalised until the court resolves key constitutional questions.
He noted that the issues raised in the petition touch on the sovereignty of the people and warrant serious judicial scrutiny.
The petitioners argue that the selection process lacked transparency and adequate public participation, violating constitutional requirements, especially regarding inclusivity and representation of marginalised groups.
Justice Mugambi acknowledged the significance of these concerns and stated that they raise substantial legal questions.
As a result, he referred the matter to Chief Justice Martha Koome for the empanelment of a bench to hear and determine the constitutional issues raised.
The ruling effectively put the final appointment of IEBC panel members on hold pending further judicial review.
