IEBC Chair and Commissioners vetting set for Saturday

The vetting of the chairperson and commissioners nominated to the Independent Electoral and Boundaries Commission (IEBC) is scheduled to take place on Saturday, May 31, 2025, after National Assembly Speaker Moses Wetangula directed the Justice and Legal Affairs Committee (JLAC) to proceed with the approval hearings.

This directive followed a High Court decision that lifted earlier conservatory orders and allowed Parliament to conduct the vetting, even as legal proceedings challenging the nomination process continue.

A notice from National Assembly Clerk Samuel Njoroge, published in local newspapers on Friday, confirmed that the hearings will begin at 9:30 a.m. at the Mini Chamber on the first floor of County Hall, Parliament Buildings.

"It is notified to the general public that, pursuant to Article 118(1)(b) of the Constitution and Section 6(4) of the Public Appointments (Parliamentary Approval) Act (Cap. 7F), the vetting process of the nominees will be conducted on Saturday May 31, 2025, in the Mini Chamber, First Floor, County Hall, Parliament Buildings, at 9:30 a.m.," the notice read.

President William Ruto nominated Erastus Edung Ethekon as IEBC chairperson on May 8, to replace the late Wafula Chebukati.

He also named six individuals to serve as commissioners: Anne Nderitu (Nyandarua), Moses Mukwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor (Mandera), Francis Odhiambo (Kisumu), and Fahima Abdalla (Lamu).

Ethekon will appear first before the George Murugara-led panel at 9:30 am., followed by Nderitu at 10:30 am., Mukwana at 11:30 am Sorobit at 12:30 pm., Noor at 2:30 pm., Odhiambo at 3:30 pm, and Fahima Abdalla will conclude the day at 4:30 pm.

The National Assembly had previously invited members of the public to submit written memoranda or sworn statements opposing the suitability of the nominees.

Submissions were to be delivered to the Clerk of the National Assembly by 5 pm on Wednesday, May 21.

As part of the vetting requirements, nominees are expected to present clearance certificates from the Ethics and Anti-Corruption Commission (EACC), Kenya Revenue Authority (KRA), Higher Education Loans Board (HELB), Directorate of Criminal Investigations (DCI), the Office of the Registrar of Political Parties, and the Credit Reference Bureau (CRB).

During Thursday’s National Assembly session, Speaker Wetangula defended Parliament’s authority to vet public officials, stating that no law grants anyone the power to stop the legislature from carrying out its constitutional duties.

"For avoidance of doubt, nobody has the power under any law or our Constitution to injunct Parliament from doing its work," he said.

"I direct the JLAC Committee to proceed without hesitation and vet the nominees for chairman and members of IEBC and bring the report to this House. Any aggrieved party, whether in the Judiciary, the Executive or the general public, can then go to court and challenge."

Wetangu'la further revealed plans to consult with the Judiciary to prevent courts from interfering with parliamentary processes in the future.

The High Court had initially suspended the gazettement and swearing-in of the nominees following a petition questioning the legality of the nomination process.

However, on Thursday morning, the court allowed Parliament to conduct the vetting, while referring the case to Chief Justice Martha Koome to form a bench to hear the petition.

Justice Lawrence Mugambi noted that the matter raises serious constitutional issues that warrant judicial scrutiny.

Parliament had contested the interim orders, arguing that they were premature and would interfere with public participation and a time-bound constitutional process.

Through Deputy Clerk Jeremiah Ndombi, Parliament told the court that the petitioners failed to establish a compelling case for halting the vetting.