The High Court has allowed Members of Parliament to proceed with the vetting of President William Ruto's nominees to the Independent Electoral and Boundaries Commission (IEBC) but has temporarily barred their formal appointment and swearing-in.
Justice Lawrence Mugambi issued a conservatory order restraining the swearing-in or assumption of office by the seven nominees, including Chairperson nominee Erastus Edung Ethekon, pending the full hearing and determination of a constitutional petition filed by voters Kelvin Omondi and Boniface Mwangi. "That pending the hearing and termination of this petition, a conservatory order is hereby issued forbidding and or preventing the taking of oath, or assuming of office by the interested parties namely: Erastus Edung Ethekon; Anne Njeri Nderitu; Moses Alutalala Mukhwana; Mary Karen Sorobit; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Arafat Abdallah, or any other person or persons as the chairman or commissioners of the Independent Electoral and Boundaries Commission," Justice Mugambi ordered.
Justice Mugambi emphasized that although Parliament has the constitutional mandate to vet nominees, this does not override the judiciary's constitutional role in reviewing whether the nomination process itself adhered to constitutional principles.
He ruled that while the vetting may proceed, any further steps such as gazettement or swearing-in must await the determination of the petition by the court. "For avoidance of doubt, the vetting and approval process in the National Assembly may proceed, but the gazettetting or swearing in of the seven nominees should not happen," he clarified.
