Two petitioners have brought a case before the court seeking to have President William Ruto jailed for contempt of court.
The petitioners, represented by Senior Counsel Paul Muite, filed a petition seeking legal action against the President, Attorney General Dorcas Oduor, and the Head of Public Service, Felix Koskei, over the gazettement of appointments to the Independent Boundaries and Electoral Commission, despite court orders barring the process.
Contempt of court, by definition, refers to any act or conduct that obstructs, interferes with, or undermines the authority, dignity, and proper administration of justice by a court of law. Essentially, it is showing disobedience or disrespect towards a court, its officers, or its processes.
Appearing before a three-judge bench at the Milimani Law Courts on Monday, June 23, the three top government officials were accused of violating a court order issued by Justice Lawrence Mugambi in May, with the petitioners calling for each to be handed a two-year jail term.
Further, the petitioners argued that the move undermined the rule of law as well as the authority of the Judiciary.
In addition, they called for the nullification of the appointed IEBC officials, led by Chair Erastus Ethekon, citing a lack of transparency, inclusivity, and accountability during the selection process.
On Wednesday, June 11, Ruto sidestepped the Judiciary and gazetted the appointment of the new IEBC team, with the Ethekon, the Chair, set to be at the helm for a six-year term.
The appointment was made under the powers granted by Article 250(2) of the Constitution, alongside Section 5(2) and Paragraph 4 of the First Schedule to the IEBC Act.
Further, the Head of State formalised the appointment of Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners of the electoral body.
In a ruling delivered on May 19, the High Court issued conservatory orders blocking the vetting and approval of Ruto's IEBC picks by the National Assembly, pending the determination of a petition filed by two individuals.
The petitioners, from a civil society group, also claimed that some names on the IEBC interview list were included unconstitutionally and raised concerns about interference from the Executive.
A separate ruling delivered ten days later by the High Court allowed the National Assembly to proceed with the vetting of the seven nominees.
However, the court maintained orders barring their gazettement and swearing-in, pending the hearing and determination of the petition challenging the selection process.
