High Court to hear case challenging President Ruto's IEBC nominees in June

The High Court in Nairobi has issued directions in a high-stakes constitutional case challenging President William Ruto’s recent nominations to the Independent Electoral and Boundaries Commission (IEBC), as tensions surrounding electoral integrity continue to simmer ahead of the 2027 General Election.

Milimani Law Courts Justice Lawrence Mugambi on Friday directed that the petition and supporting documents filed by the civil society outfit Operation Linda Jamii be served to all respondents within seven days.

The respondents, including the President, the Speaker of the National Assembly, the Attorney General, and the IEBC Selection Committee, will have an equal window of seven days to file their responses. The matter is slated for further directions on June 11, 2025.

At the heart of the petition is the claim that the nomination and intended vetting of seven individuals as IEBC commissioners, including Chairperson, violates the Constitution and undermines the spirit of Kenya’s multiparty democracy.

Operation Linda Jamii, through its chairperson Fredrick Ogola, argues that the appointments were made without the necessary political consultation and public participation, as prescribed in the NADCO report—a bipartisan document meant to guide reforms in key electoral and governance institutions.

The civil society group alleges that the inclusion of certain nominees—particularly one Hassan Noor Hassan, whose name was allegedly sneaked in through an unlawful “addendum list” after the official application period had lapsed—was unconstitutional.

They also argue the process lacks regional balance and transparency, raising fears of creeping executive overreach.

“The appointment of the 1st to 7th Interested Parties... is a complete mongrelization, bastardization, and cannibalization of our multiparty democracy,” the petition reads, pulling no punches in its scathing indictment of the process.

Among the reliefs sought are prohibitory orders to halt vetting and appointment, declarations nullifying the nominations, and a judicial rebuke of what the petitioners describe as the “gross and flagrant abuse of public trust” by the President.

This comes after President Ruto last week nominated Erastus Edung Ethekon as the new IEBC Chairperson, and six Commissioners from various regions, among them Registrar of Political Parties Ann Nderitu (Nyandarua).

The other Commissioners are: Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu), and Fahima Araphat Abdallah (Lamu).