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The High Court has dismissed a petition that challenged the selection and nomination of the new chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC).
In a judgment delivered on July 10, 2025, the court found the petition lacking merit but quashed the official gazette notices that appointed the nominees, citing a procedural breach.
The ruling creates a complex situation where the selection process for the seven nominees has been validated, yet their formal appointments have been nullified.
File image of President William Ruto
Background of the Legal Challenge
The case was brought before the High Court's Constitutional and Human Rights Division by petitioners Kelvin Roy Omondi and Boniface Mwangi.
Their petition, dated May 13, 2025, sought to invalidate the entire selection process for the IEBC chairperson and six commissioners.
The petitioners raised several concerns, arguing that the process was flawed.
Erastus Edung Ethekon appointed IEBC chair
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They questioned the qualifications and integrity of the nominees and alleged a lack of regional diversity and the exclusion of persons with disabilities from the final list presented to the National Assembly.
The respondents, who included the Attorney General and the Head of Public Service, defended the integrity of the selection and nomination process.
They argued that the petitioners had not provided sufficient evidence for their claims and had failed to sue key bodies like the IEBC Selection Panel and the President, making the petition legally unsound.
The High Court's Verdict
A three-judge bench composed of Lady Justice Roselyne Aburili, Senior Counsel Justice John Chigiti and Justice Bahati Mwamuye dismissed the petition after examining eleven key issues.
The court delivered the following key findings:
Selection Process Upheld
The court found that the IEBC Selection Panel acted legally, including its decision to issue an expanded shortlist of candidates.
Nominee Qualifications Confirmed
Allegations against the nominees, including claims of constitutional disqualification and a conflict of interest due to a familial relationship of one nominee, were found to be unproven and inconsequential.
No Violation of Constitutional Principles
The court determined that the selection and nomination processes did not violate principles of public participation or access to information.
It also clarified that the recommendations from the National Dialogue Committee (NADCO) report did not apply to this specific appointment process.
Appointment Notices Quashed
The major twist in the case was the court's decision to nullify Gazette Notices No. 7724 and 7725, both dated June 10, 2025.
These notices, which formalised the appointments of the chairperson and commissioners, were published in contravention of interim court orders issued on May 29, 2025, that had halted the process pending the case's determination.
IEBC chairperson Erastus Edung Ethekon
What Happens Next?
This ruling leaves the appointing authority free to issue new gazette notices to formalise the appointments of the already-vetted and court-validated nominees.
In a concluding note, the court clarified that its decision "does not invalidate their selection and nomination".
Following the judgment, President Ruto published a new gazette notice to appoint the individuals afresh after the court quashed the earlier gazette notice issued in June.
The court ruling now clears the way for the swearing in of the new IEBC team as follows:
IEBC Chairperson:
Erastus Edung Ethekon
Commission Members:
Ann Njeri Nderitu
Moses Alutalala Mukhwana
Mary Karen Sorobit
Hassan Noor Hassan
Francis Odhiambo Aduol
Fahima Araphat Abdallah