President William Ruto has reappointed Erastus Ediung Ethekon as Chairperson of the Independent Electoral and Boundaries Commission (IEBC) and six commissioners, just days after the High Court nullified the initial appointments over a violation of court orders.
In a Special Kenya Gazette issue dated July 10, 2025, President Ruto exercised powers under Article 250(2) of the Constitution and Section 5(2) of the IEBC Act to reissue the appointments.
Ethekon will serve a six-year term as Chairperson of the Commission, while the following individuals have been appointed as Commissioners for the same duration:
- Ann Njeri Ndumia
- Moses Alutalala Mukhwana
- Mary Karen Sorobi
- Hassan Noor Hassan
- Francis Odhiambo Atuoli
- Fahima Araphat Abdullahi
The reappointments come just 48 hours after a three-judge bench of the High Court—comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye—quashed Gazette Notices No. 7724 and 7725, which had earlier formalized the same appointments. The court ruled that the appointments violated interim conservatory orders issued on May 29, which had barred any formalization of the appointments pending the determination of a constitutional petition.
Although the court upheld the legality of the recruitment process and dismissed the substantive petition challenging the suitability of the appointees, it emphasized that the appointments could not be formalized while the court order was in effect.
“The Gazette Notice No. 7724 appointing the IEBC Chairperson and Gazette Notice No. 7725 appointing Commissioners are hereby quashed for having been published in contravention of the Court’s interim conservatory orders,” the judges ruled.
The ruling, however, provided room for the appointing authority to “take appropriate constitutional steps” to regularize the process, paving the way for Thursday’s reappointments.
This move by President Ruto is widely seen as a swift attempt to comply with the court’s directive while maintaining continuity in the Commission’s leadership. The IEBC remains a critical institution ahead of the expected referendum on constitutional changes and the 2027 General Election.
Legal analysts say this reappointment, while legally sound, may still face scrutiny over whether due public participation and transparency were adhered to in the rerun process.
The appointments take effect immediately, pending any further legal challenges.
