Kenya Insights

Tag: IEBC appointments

  • President Ruto Officially Appoints Erastus Edung as IEBC Chair and Six New Commissioners Despite Court Order

    President Ruto Officially Appoints Erastus Edung as IEBC Chair and Six New Commissioners Despite Court Order

    President William Ruto has officially appointed Erastus Edung Ethekon as the new chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside six commissioners, despite a subsisting High Court order temporarily barring their gazettement pending the determination of a constitutional petition challenging the appointment process.

    The appointments, formalized through Gazette Notice No. 7724 and published in a special issue of the Kenya Gazette on Tuesday evening, invoke the powers conferred upon the Head of State under Article 250(2) of the Constitution of Kenya. Ethekon will serve a six-year term during which the IEBC is expected to restore public confidence in Kenya’s electoral processes.

    The controversial move has raised significant concerns about the rule of law and judicial authority, as it directly contravenes a court directive that was meant to preserve the status quo until ongoing legal challenges are resolved.

    Court Order Defied

    The appointments were made despite a decision by a three-judge bench of the High Court that sustained an order blocking the gazettement of the IEBC nominees. Justices Roselyne Aburili, Bahati Mwamuye, and John Chigiti on Monday upheld an earlier directive by Justice Lawrence Mugambi, who had temporarily halted the gazettement pending the hearing of a constitutional petition.

    The court ruled that the status quo should be maintained, with all parties scheduled to appear on June 23, 2025, for the substantive hearing. The judges directed all parties to file their written submissions and replying affidavits in preparation for the case.

    Legal Challenge by Activists

    The constitutional petition was filed by prominent activists Boniface Mwangi and Kelvin Roy, who are represented by senior counsels Paul Muite and Douglas Otieno.

    The petitioners argue that the selection process lacked adequate public participation and violated constitutional standards for the appointment of IEBC commissioners.

    Justice Mugambi, upon reviewing the petition, determined that the issues raised were significant enough to warrant determination by a full bench, prompting the referral to Chief Justice Martha Koome for empanelment.

    Swift Action Following Parliamentary Approval

    The gazettement comes just six days after the National Assembly unanimously approved the nominations on Wednesday, June 4, 2025, following a recommendation from the Justice and Legal Affairs Committee (JLAC).

    The parliamentary committee had conducted thorough vetting of the nominees and submitted their report on Tuesday, June 3, 2025.

    “Taking into consideration the findings of the departmental committee for Justice and Legal Affairs in its report on the vetting of the nominees for appointment as chairperson and members of the IEBC, the National Assembly approves the appointment,” National Assembly Speaker Moses Wetang’ula stated during the session.

    New IEBC Leadership Team

    In a concurrent gazette notice (No. 7725), President Ruto also appointed six commissioners who will serve alongside Ethekon for the same six-year term:

    • Ann Njeri Nderitu (Nyandarua County)
    • Moses Kipkogey Mukhwana (Kakamega County)
    • Mary Karen Sorobit (Uasin Gishu County)
    • Hassan Noor Hassan (Mandera County)
    • Francis Odhiambo Aduol (Migori County)
    • Fahima Araphat Abdallah (Mombasa County)

    The appointments reflect Kenya’s regional diversity and gender balance, with three women and four men comprising the new seven-member commission.

    Background to the Crisis

    The IEBC has operated without commissioners since 2023 following the expiry of contracts for the remaining commissioners, Boya Molu and Abdi Guliye, alongside the tenure of the late chairperson Wafula Chebukati, who died in February 2025.

    The commission’s troubles began after the contentious 2022 presidential election, when four commissioners—Juliana Cherera, Francis Wanderi, Justus Nyang’aya, and Irene Masit—either resigned or were removed from office amid disputes over the election results and internal governance issues.

    Long Road to Reconstitution

    The process to reconstitute the commission began on March 1, 2023, but faced significant delays spanning nearly two years. The recruitment process was revived on January 27, 2025, when President Ruto appointed a new seven-member selection panel to oversee the process.

    The 48-year-old Turkana County-born lawyer Ethekon emerged as the preferred candidate after the selection panel recommended two nominees for the chairperson position and nine candidates for the six commissioner slots. Other contenders for the top position included former Judiciary registrar Anne Amadi and former East African Court of Justice judge Charles Nyachae.

    Timing and Electoral Implications

    The appointments come at a crucial time, with Kenya’s next general elections scheduled for 2027. The new commission will have approximately two years to prepare for what is expected to be a highly competitive electoral contest, including implementing technological improvements and addressing public concerns about electoral integrity.

    The reconstitution also ends a period of institutional uncertainty that had raised questions about Kenya’s ability to conduct credible elections and maintain its democratic credentials in the region.

    Constitutional and Political Implications

    The decision to proceed with gazettement in the face of a court order has drawn sharp criticism from civil society groups and some opposition leaders, who argue that it undermines judicial authority and threatens the rule of law. Critics contend that the executive’s actions set a dangerous precedent for disregarding court directives.

    However, the government maintains that the appointments followed due process and are necessary to ensure the IEBC is fully reconstituted ahead of the 2027 General Election. Officials argue that the commission cannot remain headless indefinitely, especially with crucial electoral preparations required.

    Uncertain Future

    As the legal battle unfolds, the fate of the newly appointed commissioners remains uncertain. The upcoming court session on June 23, 2025, will be pivotal in determining whether the appointments stand or if the entire process must be revisited. The petitioners are seeking to have the selection process declared unconstitutional and null and void.

    Looking Ahead

    With the formal appointments now in place, the new IEBC leadership faces the immediate task of rebuilding public trust in the electoral system. The commission will need to address concerns about transparency, operational independence, and the use of technology in elections—issues that have dominated public discourse since the disputed 2022 polls.

    The appointments have been generally welcomed by various stakeholders, though some opposition figures, including Wiper Party leader Kalonzo Musyoka, have expressed reservations about the nomination process.

    As Kenya moves toward the 2027 elections, all eyes will be on the new IEBC leadership to demonstrate their commitment to free, fair, and credible electoral processes that can restore confidence in the country’s democratic institutions.

    The new commissioners are expected to be sworn in soon and begin their work of preparing for upcoming by-elections and the 2027 general elections.

  • Ruto and Raila’s Hidden Hands Behind New IEBC Nominees Exposed

    Ruto and Raila’s Hidden Hands Behind New IEBC Nominees Exposed

    The game is rigged. Behind the smiles and handshakes, a quiet plot is unfolding to control Kenya’s 2027 elections.

    President William Ruto and ODM leader Raila Odinga, sworn rivals in public, are now accused of having hidden hands in the nomination of the new IEBC nominees—a move that critics say is nothing short of a political heist.

    At least five out of the seven people picked by President Ruto to steer the next elections have deep ties to either the Head of State or Raila Odinga’s political machinery.

    This has sparked outrage, suspicion, and warnings of a looming electoral crisis. But is this just another political tussle or a carefully calculated scheme to predetermine the outcome of 2027?

    How the New IEBC Nominees Are Tied to Ruto and Raila’s 2027 Strategy

    President Ruto’s nomination of Erastus Edung Ethekon as the new IEBC chair raised eyebrows immediately. Ethekon, a former Turkana County attorney, is seen by many as more than a legal expert—he is viewed as a loyalist with a direct line to State House.

    Alongside him, the president appointed Registrar of Political Parties Ann Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Prof. Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners.

    But behind the official titles lies a troubling pattern. Critics argue that several nominees have either worked closely with President Ruto or have family and political connections to Raila Odinga’s inner circle.

    One of the commissioners, insiders reveal, is even related to a powerful figure in Raila’s team. This convergence of political interests is fueling fears that the IEBC, the body tasked with overseeing free and fair elections, is being transformed into a puppet of the political elite.

    Opposition leaders were quick to sound the alarm. Wiper party leader Kalonzo Musyoka blasted the appointments as partisan and illegal.

    “We are extremely concerned that Dr.Ruto chose to be partisan by ignoring the principle of consultation and concurrence in his recommendations of the chairman and members of the IEBC,” Kalonzo said.

    He warned that the new appointments had already “created a low-trust institution” and accused Ruto of plotting to rig not only the 2027 elections but also upcoming by-elections.

    A Broken Promise on Consultation

    One of the key criticisms of the new IEBC nominees is that President Ruto ignored the agreement struck through the National Dialogue Committee (NADCO). The NADCO report, which was hammered out between Kenya Kwanza and Azimio leaders, recommended that new commissioners be appointed through consultation and concurrence to ensure neutrality.

    Yet Ruto went ahead with unilateral appointments. “He ignored our agreement. He ignored consultation. Ruto wants to be a player and the referee at the same time,” Kalonzo told mourners at the funeral of Kariobangi North MCA Joel Munuve. His words struck a chord across the political divide.

    Ruto’s move not only sidelined Azimio but also undermined the spirit of bipartisan dialogue that followed last year’s protests over electoral reforms. By rejecting a consultative approach, critics argue, Ruto has set the stage for another disputed election, planting seeds of division even before campaigns begin.

    A Calculated Capture of the Referee

    The nomination of loyalists is more than political favoritism—it is a power strategy. With control over the IEBC, both Ruto and Raila stand to benefit from an electoral body less likely to challenge irregularities.

    Political observers note that while Raila appears critical of the appointments, some of his allies have quietly endorsed them, signaling a backdoor understanding. One nominee previously served as a legal adviser to Musalia Mudavadi’s ANC party, now part of Ruto’s United Democratic Alliance (UDA).

    Another nominee is tied to Raila’s political orbit through family connections. “This is not a coincidence. This is the capture of the electoral process through appointments that guarantee loyalty to the political class,” said a Nairobi-based political analyst who requested anonymity.

    Kenyans are watching closely. Many fear that the IEBC’s credibility, already battered by past elections, is being buried under political deals that put partisan interests above democracy. “We are heading into 2027 with an electoral commission that answers to the highest bidder,” warned the analyst.

    Opposition Vows to Defeat Ruto Despite New IEBC Nominees

    Despite the odds, Kalonzo and other opposition leaders are preparing for battle. “He can as well go ahead and appoint himself as the chairman of IEBC, but we will still send him home in 2027,” Kalonzo declared, vowing to mobilize Kenyans to resist any electoral manipulation.

    The opposition plans to release a comprehensive statement next week outlining its strategy. Behind the scenes, Azimio leaders are weighing legal options, public protests, and international advocacy to challenge the appointments.

    But time is not on their side. With each passing day, the New IEBC Nominees move closer to assuming office, setting the stage for an electoral showdown in 2027 that could mirror or even surpass the disputes of 2007 and 2017.

    Meanwhile, faith in the electoral process continues to erode. Civic groups warn that unless the appointments are reversed or subjected to public scrutiny, Kenya risks sliding into a pre-election crisis marked by protests, mistrust, and political instability.

    The Stakes Could Not Be Higher

    For both Ruto and Raila, 2027 is not just another election—it is a fight for political survival. Ruto seeks a second term to cement his legacy, while Raila, nearing the twilight of his political career, is determined to secure what has long eluded him: the presidency.

    The battle over the New IEBC Nominees is thus not merely about who runs the electoral commission; it is about who controls the levers of power in Kenya’s fragile democracy.

    As Kenyans brace for what lies ahead, one thing is clear: the independence of the IEBC is under siege. And unless bold steps are taken to reclaim it, the 2027 elections may already be lost—long before the first vote is cast.