Court stops gazettement of President William Ruto's seven IEBC nominees
Justice Lawrence Mugambi found that the case raised serious questions that the court can't wave off and needs to be interrogated.
The High Court has issued conservatory orders stopping the gazettment of seven Independent Electoral and Boundaries Commission (IEBC) nominees and their swearing in.
Justice Lawrence Mugambi found that the case raised serious questions that the court can't wave off and needs to be interrogated
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He also directed the file to be forwarded to the chief justice for empanellment of a bench that will hear and determine the issues raised in the petition.
However, the court allowed the parliament to go on with the vetting process.
"I note that the issues raised in the petition touch on the sovereignty of the people," the judge said.
Last week, the National Assembly wanted the High Court to lift orders that halted the planned vetting of President William Ruto's seven nominees for chairperson and members of the electoral commission.
In an application filed in court under a certificate of urgency, the MPs argued that public interest overwhelmingly favours the continuation of the approval process.
This is because members of the public have already submitted memoranda, some questioning the selection process of the nominees, and expect their views to be heard and considered by the vetting committee.
Through the Deputy Clerk of the National Assembly, Jeremiah Ndombi, the National Assembly says the interim orders were not supposed to be issued since the petitioners -Kelvin Roy Omondi and Boniface Mwangi- had not demonstrated that they have a strong case against the nominees.
He says the vetting is subject to strict statutory timelines, and the existence of the interim orders issued by Justice Lawrence Mugambi would negatively affect the process.
The National Assembly's vetting committee on Justice and Legal Affairs is expected to consider the nominees within 28 days, as stipulated in the Public Appointments (Parliamentary Approval) Act, and submit its final report to the House for approval by May 27, 2025.
"The issues raised by the Petitioners primarily concern a process that is actively ongoing within the constitutional and statutory framework of the National Assembly, and which process is subject to strict statutory timelines that must be complied with," said Ndombi.
The order was issued suspending the planned vetting.
This followed an application by the petitioners, who alleged that it was unlawful for President Ruto to nominate the seven persons to the Independent Electoral and Boundaries Commission (IEBC) without consulting the Opposition Party.
They also alleged that four of the seven nominees -Erastus Edung Ethekon (proposed chairperson), together with Hassan Noor Hassan, Mary Karen Sorobit and Anne Nderitu -were ineligible for the job. The other three nominees are Moses Mukwana, Francis Odhiambo and Fahima Araphat Abdallah.
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