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On June 10, 2025, President William Ruto made significant appointments to the Independent Electoral and Boundaries Commission (IEBC).
President Ruto appointed Erastus Edung Ethekon as the new chairperson of the IEBC, while Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla were appointed as commissioners.
This follows a presidential exercise of powers as stipulated in the Constitution of Kenya, aimed at strengthening the electoral body for the upcoming General Election.
Erastus Edung Ethekon appointed IEBC chair
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The appointments were issued in the Kenya Gazette, as per the Constitution and the IEBC Act, under which the president is required to make such appointments after approval by Parliament.
The new commission is tasked with overseeing electoral processes and ensuring that the upcoming elections are free, fair, and credible.
However, on May 29, 2025, the High Court issued conservatory orders barring the swearing-in of the appointed commissioners.
These orders prevent the nominees from taking office until the court determines the merits of the ongoing case.
The petitions against the nomination process were filed by two parties who contend that the nomination procedures violated constitutional and legal provisions.
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The petitioners argue that the process was not transparent and that it lacked the necessary public involvement, raising concerns over the legality of the nominations.
President William Ruto at State House
The matter, which has captured significant public interest, has been deemed of great importance by the judiciary, leading Justice Mugambi to refer the case to the Chief Justice for the formation of a bench to deliberate on the issue.
This court order puts Chief Justice Martha Koome in a precarious position.
Under normal circumstances, she would have been responsible for swearing in the new IEBC chairperson and commissioners, a process that is crucial to the formal assumption of office by the appointees.
However, due to the court’s ruling, the swearing-in cannot proceed as planned. The matter now rests with the court, and the process will be delayed until a ruling is made on the petitions challenging the nominations.
The court’s decision has raised questions about the timeline for the establishment of the new commission.
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Chief Justice Martha Koome speaks during an event at the Supreme Court building on July 29, 2024
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The IEBC is instrumental in conducting free and fair elections, and any disruptions to its leadership could impact the country's electoral process.
As the court considers the petitions, political leaders, civil society, and the public are waiting to see whether the appointments will be upheld or if the process will be reversed.
Should the court rule in favour of the petitioners, it could lead to a reevaluation of the nomination process and potentially cause a significant delay in the swearing-in of the new commission.
Chief Justice Koome’s role in the swearing-in process is now uncertain, and the next steps will depend on the judiciary’s interpretation of the constitutionality of the nominations.