Ruto defies court order by appointing IEBC chair Erastus Ethekon, a move that has triggered intense legal and political debate. On June 10, 2025, President William Ruto formally appointed Ethekon as chairperson of the Independent Electoral and Boundaries Commission (IEBC), despite a High Court order halting the appointments.
In the same Gazette notice, Ruto also named six new commissioners: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. All appointments are for a non-renewable six-year term.
The appointments have ignited legal controversy. A conservatory order issued by Justice Lawrence Mugambi forbade the gazettement, swearing-in, or assumption of office of the appointees until a petition challenging the process is heard. The court scheduled the hearing for June 23, 2025.
The petition—filed by activist Boniface Mwangi and voter Kelvin Omondi—argues that the recruitment process was opaque, unconstitutional, and lacked bipartisan consultation, as advised by the National Dialogue Committee.
Despite the court order, President Ruto proceeded following recommendations from the National Assembly’s Justice and Legal Affairs Committee (JLAC). The JLAC had resumed vetting after a temporary pause caused by the court’s earlier intervention.
This decision is controversial because it bypasses the conservatory order, which emphasized constitutional compliance in public appointments. Legal experts argue it could set a precedent challenging judicial authority.
According to The Standard, constitutional law demands strict adherence to due process in appointing officials to independent bodies like the IEBC.
For context, Ethekon was nominated on May 8, 2025, to replace former chair Wafula Chebukati, who passed away in February. The court will also examine whether the process respected the constitutional requirement to consult both majority and minority parties.
To understand more about how Kenya’s electoral bodies operate, read our overview of IEBC reforms under the Constitution. You can also learn about recent political appointments in Kenya for additional context. Ruto defies court order by appointing IEBC chair Erastus Ethekon
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