Legal battle over IEBC appointments set for June 23

A three-judge bench has set June 23 as the hearing date for a petition that is challenging the appointment of seven nominees to the Independent Electoral and Boundaries Commission.

The case, filed by activist Boniface Mwangi and voter Kelvin Omondi, argues that the nomination process lacked transparency and may have violated constitutional requirements.

Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye directed both petitioners and respondents to file their written submissions before the hearing.

The petitioners must submit by June 14, while the IEBC, the Attorney General, the IEBC Selection Panel, and the National Assembly have until June 19 to respond.

The petition seeks a declaration that the appointment of the seven nominees, including Chairperson Erastus Edung Ethekon, is illegal and unconstitutional. The petitioners also want the entire nomination process restarted and conducted in accordance with the law.

This case follows a vetting exercise by the National Assembly, which had recommended the appointment of the nominees. However, a court order halted the process before the names could be formally gazetted or the officials sworn in.

Earlier, Justice Lawrence Mugambi allowed the National Assembly to proceed with vetting but stopped any formal appointments.

He issued conservatory orders blocking the gazettement, swearing-in, or assumption of office by Erastus Edung Ethekon, Anne Nieri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, Fahima Arafat Abdallah, or any other individual nominated as chair or commissioner of the IEBC.

"Pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding the gazettement, taking of oath, or assumption of office by the interested parties," ruled Justice Mugambi.

He noted that courts have a duty to intervene when there is a credible threat to the Constitution.

"The petitioners have highlighted potential constitutional breaches that demand the court's attention, which must be addressed," he said.

He also emphasised the need for constitutional checks and balances. "While Parliament is constitutionally empowered to vet nominees, the courts have a responsibility to ensure the process adheres to constitutional standards," he said.

The court is expected to determine whether President William Ruto followed due process, including consultation with both majority and minority parties, as recommended by the National Dialogue Committee.