The recent attempt to reconstitute Kenya’s Independent Electoral and Boundaries Commission (IEBC) has sparked a legal and political maelstrom, drawing renewed attention to the constitutional process of appointing commissioners to one of the country’s most critical electoral institutions.

The IEBC is the constitutional body tasked with conducting and supervising elections, delineating electoral boundaries, registering voters, and managing party lists and results. Its integrity is fundamental to public trust in the country’s democratic process. A properly constituted and independent IEBC ensures free, fair, credible, and transparent elections.

Given this critical nature, the appointment of commissioners is more than a routine administrative affair. It is a constitutional obligation that must reflect the principles of fairness, transparency and most crucially, independence from political influence.

The appointment of IEBC commissioners follows a structured, multi-step process designed to ensure transparency and merit. It begins with a public call for applications managed by a selection panel. Eligible candidates who must not have held political or state office in the past five years are shortlisted, interviewed, and recommended to the National Assembly. After vetting and approval by the National Assembly, the President formally appoints the commissioners through a gazette notice. Finally, the Chief Justice administers the oath of office to the new appointees. 

On June 10, 2025, President William Ruto issued a Gazette Notice appointing Erastus Edung Ethekon as Chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Francis Odhiambo Aduol, and Fahima Araphat Abdallah as commissioners, each for a six-year term. The appointments, however, quickly became the subject of a constitutional petition filed by Kelvin Roy Omondi and Boniface Mwangi, who argued that the nomination process lacked regional balance, transparency, and independence, raising concerns over potential executive overreach.

In a significant ruling on May 19, 2025, Justice Lawrence Mugambi issued conservatory orders halting the approval, gazettement, and swearing-in of the nominees, effectively suspending the entire appointment process pending the resolution of the petition. Recognising the constitutional weight of the issues raised, Justice Mugambi referred the matter to Chief Justice Martha Koome for the empanelment of a constitutional bench.

On June 9, 2025, a three-judge bench comprising Justices Roselyne Aburili, Bahati Mwamuye, and John Chigiti upheld the orders barring gazettement and swearing-in, emphasising the necessity of resolving the constitutional questions before any appointments could take effect. However, acknowledging the statutory timelines under the Public Appointments (Parliamentary Approval) Act, which requires vetting to be concluded within 28 days, the court allowed the National Assembly to proceed with vetting and nomination hearings. Even so, it maintained the prohibition on gazettement and formal assumption of office until the petition is fully heard and determined.

Conclusion

While the act of gazettal ordinarily marks the legal finalisation of nominations, lingering questions persist as to whether the June 10 Gazette was issued in defiance of existing court orders. Traditionally, under President Ruto’s administration, appointees have been sworn in promptly following gazettement. However, this time, the expected swearing-in ceremony did not take place, reflecting the legal uncertainty and ongoing judicial restraint surrounding the matter. With this context in mind, the IEBC’s delayed reconstitution threatens to hamper electoral preparedness for the upcoming 2027 general election. However, rushing the process without resolving constitutional concerns would set a dangerous precedent, potentially eroding the very democratic gains the commission was created to protect.