New IEBC Chair, Commissioners Set to be Sworn in After High Court Dismisses Petition
This comes after a three-judge bench on Thursday evening dismissed a petition that challenged the selection and nomination of Erustus Ethekon Edung as Chairperson of the Commission, and Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as Commissioners.
In their judgment, Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye ruled that the petition filed by Kelvin Roy Omondi and Boniface Mwangi lacked merit and was not properly founded under Article 22 of the Constitution.
However, the judges quashed a Gazette Notice dated 10th June, 2025, issued by President William Ruto appointing the seven individuals, directing that a new Gazette Notice be issued to regularise their appointment.
The Court pointed out that the Gazette Notice issued on 10th June, 2025, under the hand and seal of the President, was "published in contravention of the conservatory orders dated and issued by the Court on 29th May, 2025 which prohibited, inter alia, the gazettement and appointment of the nominees pending the hearing and determination of the Petition herein."
Consequently, shortly after the High Court delivered its ruling, a fresh Gazette Notice dated 10th July, 2025, was issued, with the President formally appointing the seven nominees in compliance with the Court's directive.
The High Court found that the Petitioners had not proven their case, and therefore, the reliefs sought in the Petition dated 13th May, 2025, could not be granted.
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"In light of the foregoing, the High Court found that the Petition dated 13th May, 2025 was without merit and should be dismissed, the interim conservatory orders issued on 29th May, 2025 should consequently be discharged, and the Gazette Notices Numbers 7724 and 7725 dated 10th June, 2025 should be quashed," a summary of the ruling indicated.
The new IEBC Chairperson and six commissioners are set to be sworn in before the Chief Justice.
