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After weeks of legal wrangling, the High Court in Nairobi has officially opened the door for the swearing-in of Kenya’s new electoral commissioners. A three-judge bench dismissed a petition that had threatened to derail the transition at the Independent Electoral and Boundaries Commission (IEBC), paving the way for a new team to assume office following an earlier Gazette notice controversy.
The petition, filed by Kelvin Roy Omondi and activist Boniface Mwangi, had raised concerns about the legality and constitutionality of the appointment process for IEBC’s incoming Chairperson and Commissioners. However, Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye unanimously ruled that the petition lacked merit and did not meet the legal threshold under Article 22 of the Constitution, which allows individuals to seek relief for constitutional violations.
In their judgment, the court made it clear that the petitioners failed to provide evidence of constitutional breaches or demonstrate that their rights—or those of the public—had been directly infringed by the appointments.
Although the bench upheld the nominations, it ruled that President William Ruto’s earlier Gazette Notice issued on 10th June 2025—which announced the appointments—was legally defective. The court noted that it had earlier issued conservatory orders on 29th May 2025 barring any official appointment or gazettement of the IEBC nominees until the petition was heard and determined.
By publishing the Gazette notice in defiance of that court order, the Office of the President had acted unlawfully. As a result, the judges directed that the June Gazette Notice be quashed, requiring the process to be corrected procedurally before the appointments could proceed.
Immediately following the High Court’s judgment, a new and compliant Gazette Notice dated 10th July 2025 was published, this time conforming to the court's instructions. The notice formally reappointed:
-Erustus Ethekon Edung as IEBC Chairperson
-Ann Njeri Nderitu, Moses Alutalala
- Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah as Commissioners
This action effectively regularized the appointments, allowing the swearing-in process to move forward.
The judgment is seen as a pivotal moment for Kenya’s electoral landscape. With a fresh IEBC leadership now cleared to assume office, the commission can begin its mandate of preparing for upcoming elections, electoral boundary reviews, and rebuilding public trust—particularly following the turbulent aftermath of the 2022 General Election.
The case also sets a strong precedent on the importance of respecting court-issued conservatory orders. While the final outcome favored the government’s nominees, the judiciary made it clear that executive actions must remain subordinate to ongoing legal proceedings.
With legal challenges now resolved, the IEBC can resume its full operational capacity under new leadership. For the petitioners, the verdict was a setback; but for the institution, it marks the beginning of a new chapter—one expected to shape Kenya’s democratic processes over the next several years.
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