Ruto gazettes IEBC officials despite court order

President William Ruto has officially gazetted Erastus Ethekon as the new chair of the Independent Electoral and Boundaries Commission (IEBC), along with six commissioners. This move comes despite a court order halting their appointment and swearing-in. The announcement was made through a Gazette notice dated June 10, following the National Assembly’s approval of the nominees after a resumed vetting process.

Ethekon will take over as chairperson, replacing Wafula Chebukati, who passed away in February. The newly appointed commissioners, Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah, have been given a six-year term. The appointments were made even as a legal challenge continues, with petitioners arguing that some nominees do not meet eligibility requirements and questioning the legality of the process.

Last week, the High Court issued temporary orders preventing the appointments and swearing-in. However, in a Thursday session, the court permitted Parliament to proceed with vetting, pending the final ruling on the petition. Justice Lawrence Mugambi acknowledged the matter raises significant constitutional concerns and referred the case to Chief Justice Martha Koome for a bench to be formed.

The High Court had issued temporary orders blocking their appointments and swearing-in, citing serious constitutional concerns. Justice Lawrence Mugambi noted that the case raises weighty issues related to the sovereignty of the people and must be properly examined before any final decision is made. He referred the matter to Chief Justice Martha Koome for the formation of a bench to hear the petition.

However, the parliament has defended the appointments, stating that pausing the process would delay a time-sensitive constitutional exercise. Officials argue that restoring the electoral body’s operations is critical, as the IEBC has been functioning without a full commission since early 2023.

Despite ongoing legal uncertainties, the seven appointees now await their swearing-in. The unfolding court battle adds a layer of tension to the process, as stakeholders await the judiciary's final decision.