Spotlight on CJ Koome as Ruto Gazettes IEBC Chair and Commissioners Despite Court Order
All eyes are now on Chief Justice Martha Koome following President William Ruto’s gazettement of a new chairperson and six commissioners for the Independent Electoral and Boundaries Commission (IEBC), a move that has stirred legal and political tensions.
Traditionally, the Chief Justice presides over the swearing-in of IEBC officials at the Supreme Court—a ceremony that formally ushers in the electoral body’s new leadership. During such events, the CJ delivers a speech emphasizing the commissioners’ constitutional mandate and urging fidelity to impartiality and the rule of law.
On Tuesday, June 10, 2025, President Ruto issued Gazette Notices No. 7724 and 7725, appointing Erastus Ethekon as the IEBC chairperson, alongside commissioners Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Each appointee will serve a six-year term.
These appointments followed approval by the National Assembly, which resumed vetting the nominees despite an earlier High Court order halting the gazettement and swearing-in of the panel. The court had allowed Parliament to proceed with vetting but prohibited final appointments until a pending petition was resolved.
Justice Lawrence Mugambi of the Milimani Law Courts, presiding over the case, ruled that the process must pause until critical constitutional concerns are examined. He noted that the petition—filed by activists Boniface Mwangi and Kelvin Roy Omondi—raises significant issues about transparency, inclusivity, and public participation in the appointment process.
“The petitioners have raised credible constitutional questions that deserve serious judicial scrutiny,” Justice Mugambi said, highlighting concerns over representation of marginalized groups and the integrity of the selection process.
The petition seeks to have the appointments declared illegal and calls for a fresh nomination process that fully complies with the Constitution.
In its response, the National Assembly argued that halting the process would derail a constitutionally time-sensitive exercise and limit public participation.
A senior government official, speaking on condition of anonymity, said: “These appointments are necessary to restore the operations of the IEBC, which have stalled since the exit of former chairperson Wafula Chebukati.”
Justice Mugambi acknowledged Parliament’s constitutional mandate to vet public officials but emphasized the Judiciary’s duty to ensure that all processes meet constitutional standards.
“While Parliament has the authority to vet, the courts must safeguard the process against any constitutional breaches,” he said.
The judge subsequently referred the matter to Chief Justice Koome to empanel a bench to hear and determine the constitutional questions raised. This ruling effectively puts the IEBC appointments on hold pending judicial review, which is scheduled for June 23, 2025.
Erastus Ethekon was nominated on May 8, 2025, to succeed Wafula Chebukati, who passed away in February.
