‪Court Blocks IEBC Reconstitution, Stops Vetting of Ruto’s Nominees ‬

NAIROBI – The High Court has temporarily halted the reconstitution of Kenya’s electoral body after issuing orders stopping the National Assembly from vetting nominees to the Independent Electoral and Boundaries Commission (IEBC).

Justice Lawrence Mugambi issued the temporary injunction on Monday following a petition filed by activists Kelvin Roy Omondi and Boniface Mwangi, who challenged the constitutionality and legality of President William Ruto’s nominees for the positions of chairperson and commissioners.

The court order will remain in effect until May 29, 2025, when the case will be heard further.

Constitutional concerns

Represented by prominent lawyer Paul Muite, the petitioners argued that the selection process violated several constitutional provisions, including Articles 10, 27(1), 232, and 250 of the Constitution.

“We do not wish the justice system here again to undermine our people; it is therefore critical and vital that care be taken in the manner in which we go forward in the future; that is something that the panel failed to do,” Muite told the court.

The activists claim the public participation conducted during the selection process was inadequate, with citizens lacking sufficient information about how candidates were selected.

Allegations of impropriety

According to court documents, the petitioners allege that certain candidates were “sneaked in” to the shortlist under unclear circumstances.

They further contend that some nominees who scored poorly in interviews were inexplicably selected, while others facing integrity questions were included in the final list.

The petition specifically notes that while several applicants were originally shortlisted and interviewed, Hassan Noor Hassan was excluded from the initial shortlist.

The activists claim the subsequent selection process lacked transparency.

Diversity requirements unfulfilled

A key argument in the petition is that the nominations failed to meet constitutional requirements for regional and ethnic balance.

The petitioners highlighted that the list of nominees did not include any persons with disabilities, which they argue violates constitutional provisions on inclusivity.

“The list containing the nominated chairperson and commissioners for the Independent Electoral and Boundaries Commission is unconstitutional and illegal, as it is discriminatory and failed to include any person with a disability,” the petition states.

President William Ruto with IEBC selection panel Chair Nelson Makanda when he received the report on the recruitment of nominees to the Independent Electoral and Boundaries Commission (IEBC) on May 6, 2025.

President William Ruto received the IEBC selection panel’s report on May 6, 2025, from panel Chair Nelson Makanda. The commission’s reconstitution comes as Kenya prepares for its next electoral cycle, with the IEBC playing a crucial role in managing the country’s democratic processes.

The current legal challenge marks another episode in Kenya’s often contentious electoral management history, with the IEBC frequently finding itself at the center of legal disputes.

The case will continue on May 29, when the court will hear further arguments on whether to extend the injunction or allow the vetting process to proceed.