High Court to rule today on legality of Ruto's IEBC nominees

A three-judge bench is expected to render its judgment on Thursday in a suit challenging President William Ruto's seven nominees to the Independent Electoral Boundaries Commission (IEBC).

The bench, consisting of Justices Lawrence Mugambi, John Chigiti, and Roselyne Aburili, will make the ruling at 2:00 pm.

Last month, the High Court rejected an oral application that sought to cite President William Ruto and other state officials for contempt of court over the appointment of members to the Independent Electoral and Boundaries Commission (IEBC) despite a court order.

The ruling delivered by a three-judge bench emphasised the gravity of contempt proceedings and insisted that due process must be followed before such sanctions can be imposed.

The court observed that while obedience to court orders is fundamental to the rule of law and the stability of any democratic society, the right to a fair hearing must also be upheld.

"Failure to comply with court orders may attract penalties, including fines or imprisonment," the court stated. "However, those alleged to be in contempt must first be granted an opportunity to be heard," the court noted.

The petitioners had asked the court to find that the head of state, along with the AG, who allegedly knew a prior court order issued by Justice Mugambi suspending the appointment of IEBC commissioners, had acted in defiance of the court and should therefore be held in contempt.

However, the respondents opposed the move, arguing that the court could not make such a finding in respect of individuals who were not formally enjoined as parties in the case.

They further maintained that contempt proceedings could not be initiated orally or against persons who had not been allowed to respond.

"The issue being grave cannot be determined in oral submissions, particularly against individuals who are not parties to the proceedings and who have not been afforded the right to be heard," the three-judge bench concluded.

The petition has been filed by Kelvin Roy Omondi and activist Boniface Mwangi, who challenge the constitutionality of the appointments, focusing on alleged procedural flaws such as a lack of public participation, regional imbalance, and eligibility concerns for the individuals.

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