Two petitioners want court to halt vetting of Ruto’s IEBC nominees over alleged irregularities

Two Kenyans have moved to the High Court seeking to suspend the vetting and approval of President William Ruto’s nominees for the positions of chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC).

In the petition filed in the High Court, Kelvin Roy Omondi and Boniface Mwangi claim that the selection process was flawed, opaque, and unconstitutional.

"Some names were irregularly added to the shortlist under unclear circumstances, while others lack the necessary qualifications or violated legal and constitutional requirements", they argue in court documents.

The two are seeking interim orders to suspend any consideration, vetting, or approval of the seven nominees by the National Assembly.

They also want the court to bar the nominees from assuming office, drawing salaries, or acting as IEBC officials, even if they have already taken the oath of office by the time the case is heard.

The petition follows the public notification made on May 8, 2025, by the Head of Public Service.

It announced the President’s nomination of Erastus Edung Ethekon (chairperson) and six others: Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah, for IEBC commissioner roles

However, the two petitioners allege that Anne Nderitu remains a state officer, disqualifying her from the role.

Mary Karen Sorobit held a senior position in the Jubilee Party in the past five years, while Hassan Noor Hassan had previously contested for political office.

The petitioners also raise concerns about a lack of regional and ethnic balance and exclusion of persons with disabilities.

"The nominations do not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, which call for regional balance, ethnic inclusivity, and the inclusion of persons with disabilities,” the court papers state.

They also cite alleged failure to consult opposition parties as required under the National Dialogue Committee (NADCO) Report and recent amendments to the IEBC Act.

The petitioners maintain that the integrity of the electoral process is at stake and that public confidence in the IEBC must be preserved.

"Allowing the nominees to take office without addressing these concerns would render the petition moot, as constitutional provisions do not allow for removal of commissioners on grounds related to irregular appointments," they state.

The petition also claims the selection process lacked merit. Some candidates reportedly scored poorly in interviews, while others allegedly have integrity issues.

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