National Assembly approves Ruto’s seven IEBC nominees despite court block on appointment

The National Assembly has approved President William Ruto’s seven nominees to the Independent Electoral and Boundaries Commission (IEBC), clearing a critical hurdle in the reconstitution of the electoral body, which has lacked commissioners since January 2023.

The endorsement came amid a standing High Court order barring the gazettement and swearing-in of the nominees, following a petition filed by activists Boniface Mwangi and Kelvin Roy.

The petition challenges the transparency and constitutionality of the recruitment process and will be determined by a three-judge bench appointed by Chief Justice Martha Koome.

Chairperson of the Justice and Legal Affairs Committee (JLAC), George Murugara, who moved the motion in the House on Wednesday, urged MPs to approve all seven nominees, including Erastus Edung Ethekon (chairperson), Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.

Murugara said the committee had thoroughly evaluated each nominee, reviewed all public objections submitted through memoranda, and found none of the concerns sufficient to block any appointments.

“Having evaluated these particular nominees, we did not hesitate to recommend that each of them be actually approved,” Murugara told the House.

“Mr Ethekon demonstrated knowledge in his area of speciality, which is law, and he satisfies the qualification to be a judge of the Supreme Court, which is the requirement for the IEBC chairperson. He also has over 15 years of legal practice and experience in conflict management, critical for leading an electoral commission.”

No family links

Objections had been raised over Ethekon’s alleged ties with former Turkana Governor Josphat Nanok. However, Murugara clarified that Ethekon had only worked under Nanok as County Attorney and denied any familial links.

“He confirmed he has no relationship with Mr Nanok apart from a work-related one,” Murugara said.

On Registrar of Political Parties, Ann Njeri Nderitu, Murugara noted that she had risen through the ranks to become a director and described her as an “insider” with deep knowledge of the political system.

Although an objection had been raised because she is a state officer, Murugara argued that the legal restriction applies at the point of appointment, not nomination.

Murugara praised advocate Moses Alutalala Mukhwana’s communication skills, which he said would be invaluable to the IEBC.

“One of the reasons Kenyans have a trust deficit with IEBC is communication. We want to hear what is happening at every step, including awarding of contracts,” he noted.

Gender and regional balance

Other Topics To Read

• Headlines
• Boniface Mwangi
• IEBC
• Justice and Legal Affairs Committee
• George Murugara
• JLAC
• IEBC nominees
• National Assembly approves Ruto’s seven IEBC nominees despite court block on appointment
• Politics

Mary Karen Sorobit, also an advocate of the High Court, was lauded for her experience with government institutions and the Advocates' Complaints Commission. Her appointment, Murugara said, helped address both gender and regional balance.

Hassan Noor Hassan was described as a seasoned public servant with over four decades of experience. A concern was raised over his familial connection to a Member of Parliament, but Murugara dismissed it as immaterial.

“His response was that he had already achieved his career milestones before the MP was born. We need someone of his seniority to offer guidance,” he said.

Constituency boundary reviews

Francis Odhiambo Aduol, a university academic and expert in quantity surveying and geospatial engineering, was endorsed for his potential to help with fair constituency boundary reviews.

“He is someone who can match the size of a constituency with the population to achieve justice,” Murugara said.

Fahima Araphat Abdallah, at 32 years old, was praised for bringing youth representation to the commission.

“She’s from a small community in Lamu, holds a degree from Kenyatta University, and has served in senior roles. She demonstrated that she can speak directly to youth issues and defend IEBC when under attack,” Murugara said.

As the nominees await appointment, Murugara warned them, noting, “Kenyans are watching. If you don’t have the spine to conduct elections, start growing one now. We must have a fair, credible, and verifiable election.”

2027 general election

Supporting the motion, Majority Leader Kimani Ichung’wah urged the swift establishment of the commission to ensure proper preparations for the 2027 general election.

“We need this commission as soon as we can,” Ichung’wah said.

“We must work within the timeline to ensure that the IEBC has adequate time to put in place measures for elections that will be beyond reproach. That way, we shame the hate mongers who threaten bloodshed like in 2007.”

He also condemned tribal and regional bias in the scrutiny of the nominees, particularly attacks on Ethekon.

“It was inconsiderate to hear that Erastus should not hold this position because of where he comes from. We must not disqualify leaders based on ethnic profiling,” he said.

Rarieda MP Otiende Amollo, who seconded the motion, vouched for the integrity of the vetting process.

“It was robust and transparent. All objections were addressed publicly. None of the concerns raised were substantial enough to block any of the nominees,” he said.

Focus on national unity

Eldas MP Adan Keynan urged the country to rise above political wrangles and instead focus on national unity and institutional credibility.

“We have politicised literally everything in this country. Isn’t it time we think out of the box and focus on peace, stability, and respect both locally and across the continent?” he posed.

Tiaty MP Kassait Kamket took a swipe at opposition efforts to stall the appointments, saying politicians must stop blaming electoral bodies for their failures.

“Votes are earned through hard work. Let us stop blaming referees like KIEMS and focus on our campaigns,” Kamket said.

The conservatory orders from the High Court remain in effect until the constitutional petition is heard and determined, effectively halting the commissioners’ assumption of office.