By Vivian Anyango
President William Ruto has appointed Erastus Edung as the new chairperson of the Independent Electoral and Boundaries Commission (IEBC), alongside several new commissioners, in a controversial move that directly defies a High Court order.
The appointments, announced through a gazette notice issued late Tuesday, were made under the constitutional powers granted to the President by Article 250 and Section 5 of the IEBC Act. According to the Presidency, the appointments are aimed at restoring full functionality to the electoral body ahead of upcoming by-elections and electoral reforms.
However, the decision has ignited a legal and political firestorm, coming in the wake of a conservatory order issued by the High Court on May 19. The court order barred the National Assembly from vetting or approving the IEBC nominees, pending the hearing and determination of a petition challenging the integrity and transparency of the selection process.
Despite the court’s directive—which has since been upheld—the government proceeded to not only finalize the appointments but also gazette them. Legal analysts have described the move as a potential constitutional crisis and a direct affront to the authority of the judiciary.
“The President’s actions amount to open defiance of a court order, which undermines the principles of separation of powers and the rule of law,” said constitutional lawyer Martha Ogola. “If unchecked, it sets a dangerous precedent where the Executive can unilaterally disregard judicial decisions.”
Civil society organizations have echoed these concerns. The Kenya Human Rights Commission (KHRC) issued a strongly worded statement condemning the appointments as unlawful and calling for the immediate reversal of the gazettement.
“This blatant disregard for judicial orders erodes public confidence in democratic institutions and compromises the independence of the IEBC,” said KHRC Executive Director Davis Omondi.
Meanwhile, opposition leaders have accused the President of attempting to manipulate the electoral commission ahead of the 2027 general elections. “This is not about filling vacancies; it’s about controlling the referee before the match,” said ODM leader Raila Odinga in a press briefing.
The Judiciary has not yet issued a formal response, but sources indicate that the matter is likely to return to court for possible contempt proceedings.
As legal and political tensions rise, Kenyans remain divided. While some argue the country urgently needs a fully constituted IEBC, others insist that due process and judicial integrity must not be sacrificed in the name of expediency.
The petition challenging the IEBC appointments is scheduled for hearing later this month. Until then, the controversy continues to deepen, raising fundamental questions about governance, legality, and respect for constitutional order in Kenya.
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