Ruto, Oduor, Wetang’ula, Government Printer face contempt risk over IEBC appointments despite court order

Two petitioners have accused President William Ruto, Attorney General Dorcas Oduor, National Assembly Speaker Moses Wetang’ula, and the Government Printer of contempt of court for approving and gazetting seven IEBC nominees despite a court order barring the process.

The petitioners argue that the four violated binding judicial directives, calling it a blatant disregard for the rule of law.

The petitioners, activist Boniface Mwangi and Kelvin Roy Omondi, are challenging the legality of the appointments and, through their lawyer, Paul Muite, have said they are considering legal action for contempt against the named officials.

Muite said the appointments amounted to “wilful disobedience” of a conservatory order issued by the High Court on May 29, which explicitly barred the appointment, gazettement, or swearing-in of the seven nominees pending the full hearing and determination of the petition.

“We are contemplating action for contempt of court. The order was granted after both parties were heard. If any party was dissatisfied, the correct path would have been to appeal, not to act in defiance,” Muite said, condemning the gazettement as both a violation of court orders and an act of illegality.

IEBC nominees

The seven individuals at the centre of the dispute are Erastus Edung Ethekon (chairperson), Hassan Noor Hassan, Mary Karen Sorobit, Anne Nderitu, Moses Alutalala Mukhwana, Francis Odhiambo Aduol, and Fahima Araphat Abdallah, who were nominated by President Ruto and later approved by the National Assembly.

The May 29 order issued by Justice Lawrence Mugambi reads:

“That pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding and/or preventing the gazettement, taking of oath or assuming office by the interested parties, namely, Erastus Edung Ethekon; Ann Njeri Nderitu; Moses Alutalala Mukhwana; Mary Karen Sorobit; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Araphat Abdallah or any other person(s) as the chairperson or commissioners of the Independent Electoral and Boundaries Commission.

For avoidance of doubt, the vetting and approval process in the National Assembly may proceed but is subject to this order.”

Despite this order, the Government Printer published the appointments in the Kenya Gazette, which the petitioners say amounts to contempt of court.

Not yet sworn in

The appointees have yet to be sworn in, with the final step being the administration of the oath of office by the Chief Justice.

The petitioners argue that the President violated constitutional requirements in the nomination process by failing to ensure ethnic and regional balance and by not consulting the opposition party or coalition, as provided by law.

They also claim that neither the selection panel’s final report nor individual interview scores were made public, undermining the transparency of the process.

Appearing last week before a three-judge bench composed of Justices Roseline Aburili, John Chigiti, and Bahati Mwamuye, the parties were informed that the conservatory order had not been lifted. The bench issued directions and scheduled the matter for mention on June 23.

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• Wetang’ula
• Government Printer face contempt risk over IEBC appointments despite court order
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• National
• President William Ruto
• Boniface Mwangi
• moses wetangula
• activists
• Attorney General Dorcas Oduor
• Government Printer
• paul muite
• National Assembly Speaker
• IEBC nominees
• Kelvin Roy Omondi
• Erastus Edung Etheko
• Ruto
• Oduor

Justice Mugambi, in his ruling, had concluded that the petitioners met the legal threshold for conservatory orders and warned that any failure to preserve the subject matter could render the entire petition moot.

“This case raises substantial questions of law, touching on the sovereignty of the people, and should be allowed to proceed without risk of prejudice,” the judge ruled.