Court Clears Way for New IEBC Team as Ruto Re-Gazettes Appointments

The path is now clear for a new Independent Electoral and Boundaries Commission (IEBC) to assume office after a three-judge bench of the High Court dismissed a petition challenging the nomination of the new commissioners.

President William Ruto has since re-gazetted Erastus Edung Ethekon as Chairperson, alongside six new commissioners, formally completing the appointments that had been stalled by a legal dispute.

Court Upholds Appointments but Quashes Initial Gazette Notice

A bench comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye ruled that while the appointments were substantively valid, the initial Gazette Notice used to formalise them was unlawful. The Court found that the notice had been issued in violation of a subsisting conservatory order, rendering the formalisation process incomplete.

“The appointments are substantively valid, but incomplete,” the Court noted, emphasizing that even constitutional offices must adhere strictly to legal procedures.

The judges further ruled that the petitioners had failed to meet the threshold required to invoke the Court’s jurisdiction under Articles 22 and 23 of the Constitution, which safeguard enforcement of the Bill of Rights.

President Ruto Re-Gazettes IEBC Appointees

In response to the ruling, President Ruto issued a fresh Gazette Notice to regularise the appointments in accordance with the law. The reappointment of Ethekon and the six commissioners paves the way for their swearing-in and formal assumption of office.

“In exercise of the powers conferred by Article 250(2) as read with section 5(2) of the Independent Electoral and Boundaries Commission Act… I, William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, appoint Erastus Edung Ethekon to be Chairperson of the IEBC for a period of six (6) years,” read part of the Gazette Notice.

The newly gazetted commissioners are:

• Ann Njeri Nderitu
• Moses Alutalala Mukhwana
• Mary Karen Sorobit
• Hassan Noor Hassan
• Francis Odhiambo Aduol
• Fahima Araphat Abdallah

Each will serve a full term of six years.

Background: A Commission in Transition

The IEBC has operated without a full quorum since the 2022 General Election, following the resignation and retirement of several commissioners, and more recently, the death of former Chairperson Wafula Chebukati in early 2025. This left the commission in a state of limbo, unable to carry out key functions such as voter registration, by-elections, and boundary reviews.

The reconstitution of the commission has been a top priority for the Ruto administration amid growing pressure from political actors, civil society, and the public to restore the IEBC’s operational capacity and public trust.

A selection panel appointed in late 2024 vetted dozens of applicants before submitting the final list of nominees to the President earlier this year.

What Next?

With the legal obstacles now cleared, the next step is the formal swearing-in of the Chairperson and Commissioners before Chief Justice Martha Koome. Once sworn in, the new team is expected to begin work immediately, including preparations for by-elections and a potential boundary delimitation exercise ahead of the 2027 General Election.

The focus now shifts to how the new team will rebuild the credibility of one of Kenya’s most scrutinized institutions and steer it through a politically charged electoral landscape.

Read: They are Competent: Parliament Approves All Seven IEBC Nominees

>>> Parliamentary Committee Clears New IEBC Team