MPs urge court to allow vetting of IEBC nominees to proceed uninterrupted

The National Assembly has asked the court to allow the vetting process of President William Ruto’s seven nominees to the Independent Electoral and Boundaries Commission (IEBC) to proceed uninterrupted, urging that judicial intervention at this stage is premature and contrary to public interest.

In response to a case filed challenging the nomination of the seven, the Assembly argues that halting the process undermines public participation and disrupts a time-bound constitutional exercise.

Through Deputy Clerk Jeremiah Ndombi, Parliament contends that the interim orders issued by Justice Lawrence Mugambi earlier this week were unjustified, as the petitioners failed to present a strong case warranting injunctive relief.

Justice Mugambi suspended the approval process until May 29, 2025, when he will deliver a ruling.

"The Petitioners have neither demonstrated a prima facie case with a likelihood of success, nor shown that they will suffer irreparable harm that cannot be remedied if the approval process is allowed to proceed," reads court papers.

Parliament says that the Justice and Legal Affairs Committee (JLAC) must submit its report by May 27, in accordance with the 28-day timeline set out in the Public Appointments (Parliamentary Approval) Act.

"Granting conservatory orders to halt the ongoing approval process will affect the constitutional rights of public participation and fair hearing for the various members of the public who have sent memoranda to the Committee on Justice and Legal Affairs challenging the selection of the nominees to the IEBC. This is clearly not in the public interest," reads the papers.

According to the respondent, the petitioners—Kelvin Roy Omondi and Boniface Mwangi—have not shown that they would suffer irreparable harm if the vetting continues.

The National Assembly also argues that the issues raised in the petition, including allegations of unconstitutional appointments and nominee ineligibility, could be adequately addressed during the ongoing vetting process.

The contested nominees include proposed chairperson Erastus Edung Ethekon, along with Commissioners Hassan Noor Hassan, Mary Karen Sorobit, Anne Nderitu, Moses Mukwana, Francis Odhiambo, and Fahima Araphat Abdallah.

The petitioners claim that the President acted unlawfully and that four of the nominees do not meet the eligibility criteria.