‘Illegal and Unconstitutional’: Petition Filed Challenging President Ruto’s IEBC Nominees

A petition has been filed in court challenging President William Ruto’s recent nominations to the Independent Electoral and Boundaries Commission (IEBC).

Earlier this month, President Ruto named Erastus Edung Ethekon as the next IEBC chairperson, alongside commissioners Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla.

However, the appointments are now under legal fire. Petitioners Kelvin Roy Omondi and Boniface Mwangi argue that the nomination process is both illegal and unconstitutional. They warn that the National Assembly may proceed to vet and approve the nominees despite glaring irregularities.

According to the petition, the selection process violated several constitutional provisions. The list is said to lack ethnic and regional diversity, exclude persons with disabilities, and ignore the requirement to consult opposition parties—breaching both the IEBC (Amendment) Act and the recommendations of the National Dialogue Committee Report.

“The nominations do not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, which call for regional balance, ethnic inclusivity, and the inclusion of persons with disabilities,” the court documents state.

The petitioners are seeking conservatory orders to suspend the vetting, approval, and swearing-in of the nominees.

They further allege that certain names were “sneaked in” without public justification and that the now-defunct IEBC Selection Panel conducted interviews under opaque circumstances. Some candidates allegedly scored poorly, while others are accused of having unresolved integrity issues.

The petition paints a picture of a flawed and compromised process—raising serious questions about the transparency and credibility of the IEBC’s reconstitution.

The case has been certified as urgent and is expected to be heard in the coming days—a development that could stall the commission’s overhaul ahead of critical electoral milestones.

Article Buy Suzy Nyongesa.