Petitioners ask court to stop vetting of Ruto’s IEBC nominees

Two Kenyans have asked the High Court to stop the vetting and approval of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission, citing irregularities in the selection process.

The petition, filed by Kelvin Roy Omondi and Boniface Mwangi, seeks interim orders to suspend the consideration, approval, or swearing-in of the seven individuals nominated to the IEBC.

In court documents, the petitioners claim the process was flawed, lacked transparency, and did not meet constitutional standards.

"Some names were irregularly added to the shortlist under unclear circumstances, while others lack the necessary qualifications or violated legal and constitutional requirements," they argue.

The nominees, announced on May 8 by the Head of Public Service, include Erastus Edung Ethekon as chairperson, and Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners.

The petition raises specific concerns about some of the nominees.

Anne Nderitu is said to still be a state officer, while Mary Karen Sorobit held a senior role in the Jubilee Party within the past five years.

Hassan Noor Hassan is said to have previously contested for political office.

The two also argue that the appointments lack regional and ethnic balance and exclude persons with disabilities.

"The nominations do not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, which call for regional balance, ethnic inclusivity, and the inclusion of persons with disabilities," the court papers state.

They further claim that the selection process did not follow the guidelines of the National Dialogue Committee Report and recent amendments to the IEBC Act, especially on consultation with opposition parties.

"Allowing the nominees to take office without addressing these concerns would render the petition moot, as constitutional provisions do not allow for removal of commissioners on grounds related to irregular appointments," the petition says.

According to the court filing, some of the candidates performed poorly in interviews, while others face questions about their integrity.

The petitioners argue that rushing the process without resolving these issues risks damaging public trust in the electoral body.