Court upholds IEBC nominations, nullifies gazette notice appointing commissioners

The High Court has upheld the nomination of Independent Electoral and Boundaries Commission (IEBC) Chairperson Erastus Edung Ethekon and six commissioner nominees whose appointments had been contested in court.

However, the court nullified the June 10, 2025 gazette notice issued by President William Ruto appointing the commissioners, terming it unlawful.

In a ruling delivered Thursday evening, a three-judge bench comprising Lady Justice Roselyne Aburili , Justice John Chigiti, and Justice Bahati Mwamuye ruled that although the appointment process did not breach the Constitution, the gazettement of the officials was irregular and violated existing court orders.

“A nominee cannot take oath of office based on an illegal appointment,” the judges stated, adding that “the court cannot sanction an illegality. To uphold the rule of law and the legitimacy of the IEBC, an illegality cannot be the foundation of legitimacy.”

The court, however, dismissed the petition challenging the President’s selection, finding no merit in the allegations of bias, regional imbalance, or lack of public participation.

Petitioners had argued that the selection of the Chair and commissioners was opaque and failed to include persons with disabilities and marginalized groups.

However, the court found that these claims lacked evidence, stating that public participation had been conducted adequately, and regional balance was considered since no two nominees came from the same ethnic group.

On the matter of disability representation, the court held that inclusion is subject to progressive realization based on available resources.

In its ruling, the bench concluded that the reliefs sought by the petitioners fell short of the legal threshold for establishing violations of the Bill of Rights.

The judges also noted the need for Parliament to develop a uniform legal framework to guide public participation, especially on critical national matters like the reconstitution of the IEBC.

The judgment now paves the way for President Ruto to issue a fresh gazette notice, after which the commissioners can be sworn in and officially assume office.