Lawyers representing two petitioners challenging the appointment of seven Independent Electoral and Boundaries Commission (IEBC) nominees have threatened to sue President William Ruto and top government officials for contempt of court.

The legal team, led by Senior Counsel Paul Muite, said it may also pursue legal action against the Attorney-General, the Speaker of the National Assembly and the Government Printer for allegedly disobeying a court order that stopped the appointments.

This comes after the seven nominees were gazetted and cleared to take office despite a conservatory order issued by the High Court barring their appointment, swearing-in, or assumption of duties.

The order, given by Justice Lawrence Mugambi on May 29, followed a request by petitioners Kelvin Roy Omondi and activist Boniface Mwangi who argued that the process was unconstitutional.

Muite criticised the move as a direct violation of the court’s order. “The issue of vacating such an order only arises if it was issued ex parte. Here, both parties were present and heard,” he said.

Justice Mugambi had ruled that the petition raised serious legal questions and deserved to be heard fully without risking the process being overtaken by events.

“This case raises substantial questions of law, touching on the sovereignty of the people, and should be allowed to proceed without risk of prejudice,” he said.

The conservatory order stated clearly: “That pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding and/or preventing the gazettement, taking of oath or assuming office by the interested parties, namely; Erastus Edung Ethekon; Ann Njeri Nderitu; Moses Alutalala Mukhwana; Mary Karen Sorobit; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Araphat Abdallah or any other person(s) as the chairperson or commissioners of the Independent Electoral and Boundaries Commission.”

The order allowed Parliament to proceed with the vetting and approval process but made it subject to the stay on appointment and assumption of office.

The three-judge bench of Justices Roseline Aburili, John Chigiti and Bahati Mwamuye, before whom the parties appeared this week, did not lift the order but instead gave directions and scheduled a mention for June 23.

The petitioners claim that the President failed to uphold constitutional requirements in the nomination process.

They argue that the process lacked regional and ethnic balance and did not involve the opposition as required by law. They also say the Selection Panel’s report and interview scores were not made public, which they claim undermines transparency.