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‪Ruto Re-Gazettes Appointment of Erastus Ethekon As IEBC Chairperson Along Six Commissioners Moments After Court Ruling ‬

A three-judge bench comprising Lady Justice Roselyne Aburili (Presiding), Justice John Chigiti, and Justice Bahati Mwamuye nullified the Gazette Notice on Thursday.

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President William Ruto has formally gazetted the appointments of the new Chairperson and six Commissioners of the Independent Electoral and Boundaries Commission (IEBC).

The move aims at regularising the process following a recent High Court ruling.

In Gazette Notice No. 9269, dated July 10, 2025, Ruto appointed Erastus Edung Ethekon as the new Chairperson of the IEBC for a six-year term.

“In exercise of the powers conferred by Article 250 (2) as read with section 5 (2) of the Independent Electoral and Boundaries Commission Act and Paragraph 4 of the First Schedule to the Act, I, William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, appoint Erastus Edung Ethekon to be the Chairperson of the Independent Electoral and Boundaries Commission,” the notice reads.

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In a separate Gazette Notice No. 9270, also dated July 10, 2025, Ruto named six individuals to serve as IEBC commissioners for a similar six-year term.

The appointees are Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah.

The appointments comes after the High Court ruled that while the appointments themselves were substantively valid, the earlier Gazette Notice issued by the President had been published in violation of a court order.

A three-judge bench comprising Lady Justice Roselyne Aburili (Presiding), Justice John Chigiti, and Justice Bahati Mwamuye nullified the Gazette Notice on Thursday.

As a result, the initial Gazette Notice was quashed, necessitating a fresh publication in line with the judgment.

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The Court had held that the initial gazettment was procedurally flawed as it was done while a valid conservatory order was still in force.

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It however declined to nullify the appointments, stating that the defect lay in the process of formalisation and not in the merit of the individuals appointed.

With the fresh Gazette Notices now issued, the Chairperson and the Commissioners are expected to take the oath of office before the Chief Justice, paving the way for them to formally assume their roles at the Electoral Commission.

The reconstitution of the IEBC is a key step in preparing the country for the 2027 General Election, following the retirement and resignation of the previous commission members.

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