The High Court has ruled that President William Ruto acted unlawfully by gazetting and appointing the new chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC), despite the court having no issue with the nomination process itself.

A three-judge bench comprising Justices Bahati Mwamuye, John Chigiti, and Roselyne Aburili declared that the President’s move violated conservatory orders issued by Justice Lawrence Mugambi, effectively rendering the appointments null and void.

The court emphasised that while the nominations remain valid, the officials cannot take office until the proper legal process is followed.

This means the President will now be required to issue a fresh Gazette Notice that aligns with the court orders, after which the officials can be sworn in and assume office.

The judgment arose from a petition filed by activists Kelvin Roy Omondi and Boniface Mwangi, who sought to invalidate the entire IEBC recruitment process. They argued that the process lacked merit, transparency, and inclusivity, and raised concerns over the nominees’ qualifications, regional balance, and the exclusion of persons with disabilities.

However, the court dismissed these claims, ruling that the petitioners had not demonstrated any illegality or constitutional violation during the recruitment and nomination stages.

“The Petition is hereby found to be without merit and is dismissed,” the bench declared.

In response to concerns over meritocracy and bias, the judges found no evidence indicating that any of the seven nominees were constitutionally unfit to serve. They also dismissed arguments over a family connection between one of the appointees and a senior politician, stating that such a link was “non-consequential.”

The court further held that the selection panel did not break any law by expanding its shortlist, and that it adhered to constitutional principles such as public participation, political consultation, and access to information.

President Ruto had last month announced the appointment of Erastus Edung Ethekon as the new IEBC chairperson, to serve a six-year term in accordance with Article 250 (2) of the Constitution and the IEBC Act.

Six other commissioners were named to the electoral body: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Like the chairperson, they are all expected to serve for six years once the legal formalities are properly concluded.