The High Court has upheld the nomination of the IEBC chairperson and commissioners but declared their formal appointment and gazettement by President William Ruto unconstitutional.
In a ruling delivered on Wednesday, a three-judge bench comprising Justices Bahati Mwamuye, John Chigiti, and Roselyne Aburili found that the President acted in defiance of conservatory orders previously issued by Justice Lawrence Mugambi, rendering the appointments null and void.
While the court found no fault in the nomination process itself, it held that the subsequent appointments contravened the law due to the disregard of ongoing judicial proceedings.
“The President’s action violated binding court orders, and as such, the appointments cannot stand,” the judges ruled.
However, the court affirmed that the selection panel followed due process, noting there was insufficient evidence to prove that the nominations breached constitutional provisions.
"With the lifting of the conservatory orders, upon dismissal of the petition, the appointing authority is at liberty to take necessary, appropriate constitutional steps," they added.
President Ruto had gazetted Erastus Ethekon as the IEBC chairperson and six others as commissioners.
The commissioners include: Hassan Noor Hassan, Francis Odhiambo Aduol, Fahima Araphat Abdallah, Moses Alutalala Mukhwana, Ann Nderitu, and Mary Karen Sorobit.
