President Ruto has gazetted IEBC chair Erastus Ethekon, six others, despite a court order halting their appointment and swearing-in.
The appointments, made official through a Gazette notice dated Tuesday, June 10, come after the National Assembly approved the names following a resumed vetting process.
Ruto named Ethekon as chairperson and appointed six commissioners for a six-year term: Registrar of Political Parties Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah.
The move comes after the High Court issued conservatory orders stopping the gazettement of the seven nominees and their swearing-in. However, during a Thursday session, the court allowed Parliament to vet them, pending the outcome of a petition challenging the process.
Justice Lawrence Mugambi observed that the case raises weighty questions touching on the sovereignty of the people, noting that the issues cannot be brushed aside without proper judicial examination. The file has since been forwarded to Chief Justice Martha Koome for the empanelment of a bench to hear the petition.
Ethekon was nominated on May 8 to replace former chairperson Wafula Chebukati, who died in February.
Petitioners argue that the president acted unlawfully and that some of the nominees do not meet the eligibility threshold. The National Assembly, in response, told the court that halting the process would disrupt a constitutionally time-bound exercise and undermine public participation.
“The appointments are a step forward in restoring the electoral body’s operations, which had stalled since Chebukati’s departure,” said a senior government official familiar with the process.
All seven appointees now await swearing-in, even as the legal challenge remains pending. The IEBC has operated without a full commission since early 2023.