Why did the High Court clear the IEBC appointments?
The High Court in Nairobi has officially paved the way for the swearing-in of a new Chairperson and six Commissioners to the Independent Electoral and Boundaries Commission (IEBC). A three-judge bench composed of Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye dismissed a petition that had challenged the nomination and appointment of the IEBC officials.
The petition, filed by Kelvin Roy Omondi and Boniface Mwangi, sought to block the appointment of Erustus Ethekon Edung as Chairperson and Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners. However, the judges ruled that the petition lacked merit and did not meet the constitutional threshold under Article 22.
What did the Court say about the initial Gazette Notice?
While dismissing the petition, the court took issue with the Gazette Notice published on 10th June 2025 by President William Ruto, which had prematurely formalized the appointments. The judges noted that the notice violated conservatory orders issued earlier on 29th May 2025, which had suspended any gazettement or appointments pending the petition’s outcome.
As a result, the Court quashed Gazette Notices Numbers 7724 and 7725 and instructed the government to issue a new notice in line with the ruling.
What happens next for the new IEBC team?
In compliance with the Court’s directive, a new Gazette Notice was published on 10th July 2025, formally confirming the appointments. The seven individuals are now set to be sworn in before Chief Justice Martha Koome.
The High Court’s ruling removes a key legal barrier, allowing the electoral commission to return to full operational status after a prolonged vacancy in leadership.
By Lucky Anyanje
