Court allows Parliament to proceed with vetting of IEBC commissioners
The High Court has allowed the National Assembly to proceed with the vetting process of the proposed Independent Electoral and Boundaries Commission (IEBC) Commissioners.
In his ruling delivered on Thursday, May 29, 2025, Justice Lawrence Mugambi stated that, according to the petition, the issue lies not in the vetting and approval process in the National Assembly but in the selection and nomination process.
“I will allow the vetting and approval process in Parliament to proceed, but the court has a duty to determine the constitutionality of the issues raised in the petition on the selection and nomination process,” Justice Mugambi ruled.
However, Justice Mugambi also issued conservatory orders preventing the gazettement, swearing-in, or assumption of office by the seven nominees once the vetting and approval process by Parliament is complete, or by any other person or persons as chairperson or commissioners of IEBC.
“Pending the hearing and determination of the petition, a conservatory order is hereby issued forbidding the gazettement, swearing-in, or assumption of office by Erastus Edung, Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah, or any other person or persons as the chairperson or commissioners of IEBC,” Judge Mugambi ruled.
Notably, Mugambi has forwarded the case file to Chief Justice Martha Koome for the empanelment of an even number of judges to hear and determine the petition, pursuant to Article 165(4) of the Constitution.
He argued that although the present petition can be heard by a single High Court judge, the nature of the petition warrants the court exercising its discretion in favour of an extended bench due to its public importance and significance to constitutional democracy.
He also noted that the petitioners had succeeded in demonstrating a real threat to the right to free and fair elections if the process is not constitutionally compliant—an issue that could undermine a constitutionally protected tenet.
Further, he stated that the matters raised by the petitioners are fundamental, constitutionally arguable questions that deserve detailed examination and consideration by the court.
Additionally, he said that the issues raised involve serious constitutional questions that cannot be dismissed lightly, and that they merit in-depth interrogation and analysis.
Activists Kelvin Roy Omondi and Boniface Mwangi filed a petition seeking to stop the vetting and approval by the National Assembly of President William Ruto’s nominees for the positions of chairperson and commissioners of the IEBC.
The two described the public participation in the matter as inadequate, citing a lack of transparency in the dissemination of information regarding the selection of the IEBC chairperson and commissioners.
Through their lawyer, Paul Muite, they argued that the selection panel violated the Constitution and urged the court to fully address all the issues raised in the petition.
According to the petition, Omondi and Mwangi stated that several applicants—except Hassan Noor Hassan—were shortlisted for interviews and attended interviews for chairperson and members of the IEBC.
Further, they stated that certain names were subsequently added under opaque and unclear circumstances and were interviewed by the now-defunct IEBC Selection Panel in a manner that lacked transparency.
The petitioners also claimed that the selection process was not merit-based, as some candidates who did not score highly in interviews were selected, others had integrity issues, and some were irregularly included in the shortlist, thereby compromising the credibility of the process.
“That the nominations are not only illegal but also unconstitutional for failing to meet the requirements of public appointments as espoused under Articles 10, 232, and 250(3) & (4) of the Constitution of Kenya, 2010, as read with the Independent Electoral and Boundaries Commission Act and the Public Appointments (Parliamentary Approval) Act, Chapter 7F, Laws of Kenya,” part of the petition read.
They also argued that the nominations did not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, particularly on the principles of regional balance, ethnic diversity, and the inclusion of persons with disabilities, among others.
“The list containing the nominated chairperson and commissioners for the Independent Electoral and Boundaries Commission is unconstitutional and illegal, as it is discriminatory and failed to include any person with a disability,” part of the petition read.
