Engineer petitions court to stop IEK elections, cites discrimination against graduates

In the application filed under a certificate of urgency, graduate engineer Sam Aberi is asking the court to issue temporary conservatory orders halting the elections and any processes leading to the poll until a case challenging the IEK Constitution 2015 is heard and determined.

Aberi, a registered graduate engineer and a paid-up member of the institution, argues that IEK collects subscription fees from all members but only allows specific categories — Fellows, Corporate Members and Associate Members — to participate in electing officials.

He says graduate members, despite paying fees, are excluded from voting and decision-making within the organisation.

The petitioner argues that the exclusion is discriminatory, arbitrary and unreasonable, and violates constitutional principles on equality and fairness as well as the rules of natural justice.

He has also challenged several provisions of the IEK Constitution 2015 — including sections 9.02, 9.10, 9.12, 11.05, 11.06 and 12.06 — which he claims are inconsistent with the Constitution of Kenya.

Court documents indicate that IEK has already begun preparations for the elections, including inviting expressions of interest for vacant positions and appointing scrutineers to oversee the process.

However, Aberi contends that allowing the elections to proceed under the current framework would render the petition moot because the disputed process would already have taken place.

He argues that unless the High Court intervenes, graduate members will continue to suffer inequality and exclusion from IEK’s governance despite paying membership fees.

The petitioner maintains that the High Court has jurisdiction to determine constitutional questions and should intervene to prevent what he describes as an imminent constitutional crisis within the institution.