Petitioners Seek to Void IEBC Appointments Made in Defiance of Court

A legal battle is brewing over the appointment of seven nominees to the Independent Electoral and Boundaries Commission (IEBC), as lawyers representing petitioners threaten to pursue contempt of court charges against President William Ruto and other top government officials. 

The controversy centres on allegations that the government defied a High Court order barring the appointments. At the heart of the dispute is a conservatory order issued on May 29 by Justice Lawrence Mugambi, which explicitly prohibited the nomination, gazettement, or swearing-in of the individuals appointed by President Ruto. Despite this order, the appointments were subsequently published in the Kenya Gazette, following parliamentary approval, leading to accusations that the government acted in direct contravention of the court's directive.

Senior Counsel Paul Muite, representing petitioners Kelvin Roy Omondi and activist Boniface Mwangi, has indicated his legal team's intention to initiate contempt proceedings against President Ruto, Government Printer, Attorney-General Dorcas Oduor, and National Assembly Speaker Moses Wetang'ula. Muite argues that the court order, issued after both parties presented their arguments, could only be challenged through an appeal, not by proceeding with the appointments.

The appointees in question are Erastus Edung Ethekon, nominated as chairperson, along with commissioners Hassan Noor Hassan, Mary Karen Sorobit, Anne Nderitu, Moses Alutalala Mukhwana, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Their formal assumption of office, contingent upon taking the oath before the Chief Justice, now hangs in the balance due to ongoing judicial intervention.

Justice Mugambi emphasised the importance of upholding the integrity of the case, stating that allowing the appointments to proceed before a final court ruling would render the petition moot. 

He also highlighted the critical constitutional questions raised by the petition, particularly regarding adherence to democratic principles and transparency. The legal challenge focuses on allegations that President Ruto violated constitutional provisions during the nomination process. Petitioners argue that the President failed to ensure regional and ethnic balance and did not consult the opposition, as required by law. They further contend that the Selection Panel's report and interview scores were not made public, thereby compromising transparency in the appointment process.

The case is scheduled for mention before a three-judge bench on June 23, where Justices Roseline Aburili, John Chigiti, and Bahati Mwamuye will preside over the proceedings.