'Illegal and unconstitutional': Petition filed challenging President Ruto’s IEBC nominees

A petition has been filed in court challenging President William Ruto's recent nominations to the Independent Electoral and Boundaries Commission (IEBC).

Earlier this month, President Ruto nominated Erastus Edung Ethekon as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.

However, these nominations are now under legal scrutiny. The petitioners, Kelvin Roy Omondi and Boniface Mwangi, argue that the process is illegal and unconstitutional. They claim there is an imminent risk that the National Assembly may proceed to vet and approve the nominees, despite the flawed nature of the nomination process.

According to the petition, the nominations violate several constitutional provisions. The petitioners argue that the list of nominees fails to reflect Kenya’s ethnic and regional diversity, excludes persons with disabilities, and was made without consulting the opposition—violating the Constitution, the IEBC (Amendment) Act, and recommendations of the National Dialogue Committee Report.

“The nominations do not meet the requirements of Articles 10, 27(1), 232, and 250(3) & (4) of the Constitution of Kenya, 2010, which call for regional balance, ethnic inclusivity, and the inclusion of persons with disabilities,” the court papers state.

The petitioners are seeking conservatory orders from the court to suspend the vetting and approval of the nominees, as well as to halt their swearing-in.

They also allege that some names were "sneaked in" under opaque circumstances and later interviewed by the now-defunct IEBC Selection Panel without clear justification.

Further, the petition claims the selection process lacked merit. Some candidates reportedly scored poorly in interviews, while others allegedly have integrity issues.

There are also accusations that certain individuals were irregularly added to the shortlist, thereby compromising the credibility and transparency of the process.