The High Court has issued conservatory orders halting the vetting and approval of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC) by the National Assembly. The order remains in effect until May 29, 2025.
The decision follows a petition by two concerned citizens who challenged the legality and transparency of the nomination process. President Ruto’s administration had recently forwarded a list of nominees intended to fill the vacant IEBC positions, a move aimed at reconstituting the electoral body ahead of the 2027 General Election.
Among the nominees is Ann Nderitu, the Registrar of Political Parties, alongside other individuals linked to both ruling and opposition political circles. This selection sparked controversy and allegations of political bias, raising concerns about the impartiality of the process.
The petitioners argued that the nomination process ignored constitutional requirements such as transparency, public participation, and regional balance, essential to maintaining public confidence in Kenya’s electoral system. They warned that rushing the vetting without addressing these issues would undermine the credibility of the IEBC.
Responding to these concerns, the High Court emphasized the need to uphold constitutional principles and ensure an inclusive, transparent process for appointing commissioners. By issuing the conservatory orders, the court has temporarily stopped the National Assembly from proceeding with the vetting and approval until the court delivers its final verdict.
This pause is significant because Kenya has been without a fully functional IEBC for over two years since the retirement of former commissioners, affecting key electoral activities such as voter registration and preparations for by-elections.
The ruling highlights the judiciary’s critical role in protecting constitutional processes and preventing undue political interference in the formation of electoral institutions.
As the deadline of May 29 approaches, the National Assembly and stakeholders—including political parties, civil society, and the general public—await the final court ruling. The outcome will have far-reaching implications for the integrity, independence, and credibility of Kenya’s electoral system as the country prepares for the pivotal 2027 General Election.
