Ruto defies court order, appoints new IEBC chair Erastus Ethekon, six commissioners
In a Gazette notice dated June 10, 2025, President Ruto formally appointed Ethekon for a non-renewable term of six years. The same gazette notice also confirmed the appointment of Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners for a similar term.
President William Ruto has appointed Erastus Edung Ethekon as the Chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside six commissioners, despite a standing High Court order barring their gazettement and swearing-in.
In a Gazette notice dated June 10, 2025, President Ruto formally appointed Ethekon for a non-renewable term of six years. The same gazette notice also confirmed the appointment of Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners for a similar term.
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The appointments were made in exercise of the powers conferred under Article 250(2) of the Constitution, read together with Section 5(2) and Paragraph 4 of the First Schedule of the IEBC Act.
However, the legality of the appointments remains under judicial scrutiny, with a three-judge bench, comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye, scheduling the hearing of a petition challenging the process for June 23, 2025.
The petition, filed by activist Boniface Mwangi and voter Kelvin Omondi, argues that the recruitment process was opaque, flawed, and possibly unconstitutional. The petitioners have asked the court to declare the appointments illegal and order a fresh nomination process in line with the Constitution.
“The petitioners have highlighted potential constitutional breaches that demand the court’s attention, which must be addressed,” Justice Lawrence Mugambi ruled, while issuing a conservatory order stopping the gazettement, oath-taking, and assumption of office by the nominees.
He added, “While Parliament is constitutionally empowered to vet nominees, the courts have a responsibility to ensure the process adheres to constitutional standards.”
The restraining order issued by Justice Mugambi applies to all seven nominees, barring any assumption of office until the petition is heard and determined.
Nonetheless, the President proceeded to appoint the IEBC team following a recommendation by the National Assembly. The Justice and Legal Affairs Committee (JLAC) resumed vetting after an earlier court order had paused the process.
On May 8, 2025, President Ruto nominated Ethekon to succeed former chairperson Wafula Chebukati, who passed away in February this year.
One key issue the court is set to examine is whether President Ruto acted in breach of the National Dialogue Committee’s recommendation to consult both majority and minority parties during the appointment process.
While Parliament completed the vetting and gave its nod, the High Court had specifically restrained the executive from proceeding to the next phase, which is the swearing-in.
“Pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding the gazettement, taking of oath, or assumption of office by the interested parties,” Justice Mugambi ruled.
The petitioners and respondents, including the IEBC, Attorney General, National Assembly, and the selection panel, have until June 14 and June 19, respectively, to file their submissions ahead of the June 23 hearing.
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