Petitioners challenging the appointment of new Independent Electoral and Boundaries Commission (IEBC) commissioners have accused Parliament of acting in contempt of court by proceeding with the approval and gazettement of the nominees despite active court orders barring the process.

Appearing before the Milimani Law Court on Monday, lawyer Paul Muite told the court that the National Assembly, under the leadership of Speaker Moses Wetang’ula, disobeyed orders from both the High Court and the Court of Appeal.

"It is our submission that the National Assembly—whose Speaker is Moses Wetang’ula, who happens to be my personal friend—has acted in contempt," said Muite. "This court has already found that he cannot serve as both the Speaker and the Chairman of Ford-Kenya."

Muite said Wetang’ula's defiance undermined the judiciary, adding that his central role in the legislative process made the breach even more serious.

He also dismissed the respondents' urgency argument about the need to have a commission in place ahead of the 2027 elections. "I agree elections are important, but let us look at the bigger evil," he told the court.

Muite further faulted the Memorandum of Understanding (MoU) between the ruling party and the opposition, which formed the basis of the IEBC nominations. He argued the MoU goes against Article 3(2) of the Constitution.

"Sub-article one provides that every person must uphold and respect this Constitution," said Muite. "Sub-article two states that any attempt to establish a government contrary to what is provided for in the Constitution is unlawful and unconstitutional."

The court acknowledged the weight of the issues raised but declined to issue a ruling at this stage. “We do appreciate these are important issues, but we are not making a determination now,” the judge said, noting that a decision would be delivered in due course.

President William Ruto appointed a new IEBC team chaired by Erastus Ethekon through a gazette notice dated June 10, despite a High Court order issued on May 19 stopping the vetting and approval of the nominees by Parliament.

The petitioners argue that the selection process was unlawful and that some of the appointees do not meet the legal threshold required to serve as commissioners of Kenya’s electoral agency.

The National Assembly and the Executive told the court that stopping the process would interfere with a constitutionally time-bound function and limit public participation.