The High Court has nullified President William Ruto’s recent appointment of Erastus Edung Ethekon as Chairperson of the Independent Electoral and Boundaries Commission (IEBC), along with six other commissioners.
The court ruled that the appointments breached an existing interim order, which prohibited any gazettement, swearing-in, or assumption of office by the nominees until a constitutional petition challenging the appointment process is resolved.
The appointments were officially gazetted on June 10, 2025, despite a court injunction issued on May 29, 2025.
The appointments were officially gazetted on June 10, 2025, despite a court injunction issued on May 29, 2025.
This injunction was intended to maintain the status quo by suspending any further steps regarding the appointments pending full judicial scrutiny.
By proceeding with the appointments, the court found that the government disrespected the rule of law and judicial authority.
This legal challenge was brought forward by activists Boniface Mwangi and Kelvin Roy, who argued that the appointment process violated constitutional requirements and undermined the independence of the IEBC.
This legal challenge was brought forward by activists Boniface Mwangi and Kelvin Roy, who argued that the appointment process violated constitutional requirements and undermined the independence of the IEBC.
They questioned whether the process was transparent and followed due legal procedures, which are crucial for ensuring the credibility of Kenya’s electoral commission.
In its judgment, the High Court emphasized the significance of upholding interim orders and respecting judicial decisions.
In its judgment, the High Court emphasized the significance of upholding interim orders and respecting judicial decisions.
It declared that any actions taken by Ethekon and the six commissioners are invalid until the court makes a final ruling on the constitutional issues.
This means the IEBC leadership, as appointed, has no legal standing and cannot function in an official capacity.
The ruling is a major setback for the executive branch, highlighting the limits of presidential powers when judicial directives are in place.
The ruling is a major setback for the executive branch, highlighting the limits of presidential powers when judicial directives are in place.
It also reinforces the judiciary’s role as a key arbiter in maintaining checks and balances within the government, especially in matters involving constitutional governance.
The case has now been referred to a constitutional bench for a detailed examination of the appointment procedures and the legality of the executive’s actions.
The case has now been referred to a constitutional bench for a detailed examination of the appointment procedures and the legality of the executive’s actions.
This next phase will be critical in determining the future leadership of the IEBC.
Given the IEBC’s pivotal role in organizing and overseeing elections, the court’s decision carries significant political implications, especially as Kenya prepares for the 2027 general elections.
Given the IEBC’s pivotal role in organizing and overseeing elections, the court’s decision carries significant political implications, especially as Kenya prepares for the 2027 general elections.
Ensuring that the electoral body’s leadership is legally appointed and independent is essential for the integrity of the democratic process.
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