The National Assembly can proceed with the vetting of the seven Independent Electoral and Boundaries Commission (IEBC) nominees after the High Court lifted the suspension on Thursday, May 29, 2025.
However, the court has barred the gazettement and the swearing-in of the members until the petition challenging the selection process is heard.
The ruling comes just days after the same court paused the vetting process by issuing orders to stop the approval of the nominees until a petition filed by two individuals was determined.
In the May 19 ruling, the court stated that the vetting of the nominees could not take place before May 29.
The nominees, chosen after weeks of vetting earlier this month, are Erastus Edung Ethekon, nominated as the next IEBC chairperson, and Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla, nominated as commissioners.
Since the nomination, the process has been marred by several obstacles, including the petition that alleges, among others, that the nominations were made without proper public participation as directed in the NADCO report.
The petition further raised the issue of some names being included in the interview list despite not being shortlisted. The petitioners alleged that this was not only unconstitutional but also raised concerns about interference from the Executive.
“That the nominations are not only unlawful but also unconstitutional for failing the requirements of public appointments as espoused under Articles 10, 232 and 250(3) & (4) of the Constitution of Kenya, 2010, as read with the Independent Electoral and Boundaries Commission Act and the Public Appointments (Parliamentary Approval) Act, Chapter 7F, Laws of Kenya,” the petition read in part.
They also argued that the list of nominees failed to reflect Kenya’s ethnic and regional diversity, excluded persons with disabilities, and was made without consulting the opposition, thus violating the Constitution.
The petition further claimed that the selection process lacked merit, with some candidates reportedly scoring poorly in interviews, while others allegedly have integrity issues.
The National Assembly Speaker, Moses Wetang'ula, had designated May 27 as the day when the seven would be vetted by the Parliamentary Justice and Legal Affairs Committee.
However, the process was temporarily blocked after the petition by the two Kenyans was filed on May 14.
