President William Ruto has appointed Erastus Ethekon as the new chair of Kenya’s Independent Electoral and Boundaries Commission (IEBC), alongside six new commissioners. The move, which comes amid an active court order barring such appointments, has stirred fresh controversy over executive defiance and judicial independence.
Highlights:
- President Ruto named a new IEBC chair and six commissioners on June 10, 2025.
- The appointments defy a standing High Court order halting the process.
- The new team includes Erastus Ethekon as chair and six others.
- Legal experts warn of constitutional implications and judicial overreach.
- A court hearing on the matter is set for June 23.
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In a Gazette Notice dated June 10, 2025, President Ruto officially appointed Erastus Edung Ethekon as the new chair of the IEBC. He also named six commissioners: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. Each member is set to serve a six-year term.
These appointments, however, directly contradict a conservatory order issued by the High Court on May 19 and reaffirmed by a three-judge bench. The court had barred any swearing-in or assumption of duties pending a constitutional petition challenging the recruitment process.
The decision has drawn strong criticism from legal experts and civil society. Former LSK president Nelson Havi termed it a “blatant assault on judicial authority,” while constitutional lawyer Bobby Mkangi warned it sets a dangerous precedent that undermines checks and balances.
Attention has now turned to Chief Justice Martha Koome, who must decide whether to proceed with swearing in the appointees despite the court order. Petitioners have urged her to hold off until the pending case is heard on June 23.
Kenya has lacked a fully constituted IEBC since early 2023, a situation that has raised concerns about election preparedness for 2027. While the appointments are aimed at resolving this vacuum, critics argue that bypassing court directives weakens institutional integrity.
As Kenya inches closer to the 2027 elections, the battle over IEBC appointments may not just shape the commission—it could redefine the boundaries of constitutional power.
