In a worrying trend of defiance against court orders, President William Ruto appointed new commissioners for the electoral agency on Tuesday.
In a gazette notice dated June 10, 2025, the President appointed Erastus Edung Ethekon as the new Chairperson of the Independent Electoral and Boundaries Commission (IEBC).
Six new commissioners were also appointed: Anne Nderitu, the Registrar of Political Parties; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Araphat Abdallah; Moses Mukhwana; and Mary Sorobit.
IEBC nominees Hassan Noor Hassan, Erastus Edung Ethekon (chairperson), Anne Nderitu and Mary Karen Sorobit.
Photo credit: File| Nation Media Group
These appointments contradict a High Court order that barred the formal appointment and swearing-in of the new commissioners.
While the High Court allowed the National Assembly to vet the nominees, it barred the President from making the formal appointments pending the outcome of a case filed by two voters who are challenging Dr Ruto’s selection of the seven individuals.
Justice Lawrence Mugambi said that the two voters, Kelvin Roy Omondi and Boniface Mwangi, had convinced the court that they had a strong case against the president's decision, citing his failure to observe regional balance in his choice of nominees. There are also queries surrounding the eligibility of some of the nominees.
According to Justice Mugambi, it is important that the swearing-in is prevented because, if the nominees receive parliamentary approval and take up their positions at the IEBC, the court case would be rendered an academic exercise.
Firstly, the petitioners argued that four of the seven nominees — Mr Ethekon, Mr Noor, Ms Sorobit and Ms Nderitu — were ineligible for selection and nomination due to their previous employment and political connections. Secondly, the petitioners argued that President Ruto had failed to consult the opposition party in the selection process, as required by the National Constitution.
President William Ruto at State House, Nairobi on October 21, 2023.
Photo credit: Francis Nderitu | Nation Media Group
On Tuesday, the petitioners, represented by Douglas & Associates Advocates, wrote to CJ Koome to protest against the President’s defiance of the court order.
“In a strange twist of events and in utter disregard to the said conservatory order issued by the Milimani Constitutional court, the President of the Republic of Kenya on June 10, 2025 contemptuously gazetted and pursuant to such gazettement appointed the Interested Parties as chairperson and members of the Independent Electoral and Boundaries Commission,” said the petitioners.
“The judiciary remains the last bastion of hope in upholding the rule of law and constitutionalism. Vide this letter, we humbly urge your good office and the judiciary as whole not to participate in any taking of oath and/or assumption of office by the Interested Parties until the subject Petition is heard and determined as was so ordered.”
Other stakeholders have also expressed concern about the president's decision, which could further fuel mistrust surrounding the reconstitution of the electoral commission.
Former Attorney-General Justin Muturi told the Nation that the appointment confirms that the President has little regard for the rule of law.
“This is further evidence that Ruto has no regard for the rule of law and the courts. He regards both as terrible inconveniences to his sense of good governance which he ascribes different meanings to what everyone knows,” said Mr Muturi.
Lawyer Waikwa Wanyoike said that going against the court order risks causing a legal crisis ahead of the 2027 general election.
"I think Ruto, having lost significant public support and the legitimacy to lead, is fomenting a legal crisis and conditions for chaos to ensure that there are no elections in 2027 or, if there are elections, he forces his way through another term regardless of the outcome of the vote," said Mr Wanyoike.
The recruitment of IEBC commissioners has been characterised by political circus and court battles, resulting in significant delays to preparations for the 2027 General Elections.
The country is already facing electoral crises, including stalled continuous voter registration and overdue mini-polls in several constituencies.
Other issues include delayed delimitation, the recruitment of senior IEBC staff, and the procurement of strategic election materials.
Pending constituency by-elections include those in Baringo County, where the senator, William Cheptumo, died on February 16 2025, and in Banissa, Magarini, Ugunja, Malava and Mbeere North. There is also a vacancy in the National Assembly for the ODM nominative slot, and most recently in Kasipul following the death of MP Charles Ong’ondo Were.
According to the law, the IEBC should hold a by-election within 90 days. The election of Magarini MP Harrison Kombe was annulled on May 31, 2024. The Banissa constituency has been unrepresented for over a year following the death of MP Hassan Kulow Maalim in March 2023.
The IEBC secretariat, headed by CEO Marjan Hussein Marjan, was limited to the training of staff and the procurement of non-strategic materials. These materials have no direct impact on elections, so all the secretariat requires is a procurement plan and an adequate budget.
Johan Kriegler, the retired South African judge who chaired the Independent Review Commission on Kenya’s electoral reforms, recommended that IEBC commissioners should have been in office for at least two years prior to a general election.
The commission's deputy CEO, Obadia Keitany, recently informed MPs that the IEBC had not been able to conduct continuous voter registration since the 2022 general election.
“There were no commissioners to address policy issues that would have emerged and there were also no funds allocated for the exercise. Only the commissioners can approve budgets of the commission,” said Mr Keitany.
