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Former Turkana county Attorney Erastus Edung Ethekon when he appeared before the selection panel in Nairobi on March 25, 2025. [File, Standard]
 

The vetting of the nominees for Chairperson and six Commissioners of the Independent Electoral and Boundaries Commission (IEBC), which was scheduled for today, now hangs in the balance after the High Court suspended the process last week.

Erastus Ethekon, nominated as Chairperson, and the six Commissioner nominees—Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah—must now await a court ruling that will determine the fate of the vetting exercise

President William Ruto nominated the seven on May 8, forwarding their names to the National Assembly for vetting and approval in accordance with the IEBC Act and the Public Appointments (Parliamentary Approval) Act (Chapter 7F, Laws of Kenya). 

Justice and Legal Affairs Committee (JLAC) Chairperson George Murugara said the committee was prepared to proceed with the vetting but will now abide by the court’s directive and await a decision expected this Thursday from the High Court.

“There is a 28-day deadline for us to have IEBC commissioners in place, which expires at the end of this month. Parliament will either need to amend the relevant statutes to extend the deadline or await a ruling by the courts, which have inherent powers to do so. Otherwise, we were fully ready to conduct the vetting,” said Murugara. 

Last Tuesday, the High Court issued conservatory orders temporarily blocking the National Assembly from vetting or approving President Ruto’s nominees, pending the hearing and determination of a legal challenge.

Justice Lawrence Mugambi barred Parliament from proceeding with the process until May 29, 2025, when he is expected to deliver a substantive ruling.

“The High Court does issue conservatory orders suspending consideration and vetting of Erastus Ethekon; Anne Nderitu; Moses Mukhwana; Mary Sorobit; Hassan Noor Hassan; Francis Aduol and Fahima Abdallah for the positions of Chairperson and Commissioners of the Independent Electoral and Boundaries Commission by the National Assembly,” ruled Mugambi. 

The orders stemmed from a petition filed by two voters, Kelvin Omondi and Boniface Mwangi, who challenged the process on grounds of procedural irregularities and alleged violations of constitutional and legal requirements by the selection panel.

Through advocates Paul Muite and Ochieng Odinga, the petitioners argued that the process lacked transparency, failed to ensure public participation, and breached several provisions of the Constitution. By Edwin Nyarangi, The Standard

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