By Sysvoline Atieno
President William Ruto has sparked fresh controversy after appointing a new chairperson and seven commissioners to the Independent Electoral and Boundaries Commission (IEBC), defying a standing court order that had halted the process.
The appointments, formalized through a Kenya Gazette notice dated June 10, 2025, come in direct violation of conservatory orders issued by the High Court on May 19. The court had explicitly barred the National Assembly from vetting the nominees until a petition challenging the recruitment process is fully heard and determined.
Despite this legal directive, President Ruto cited Article 250(2) of the Constitution and provisions within the IEBC Act to defend his actions. The newly appointed chairperson, Erastus Edung Ethekon, alongside seven commissioners, is now at the center of a brewing constitutional crisis.
Legal experts and civil society organizations have condemned the move, warning of a growing pattern of executive overreach and disregard for judicial authority.
“These continued violations of court orders undermine the rule of law and constitutionalism. It sends a dangerous signal to the public that the law only applies when convenient to those in power,” said constitutional lawyer Paul Mwangi during a press briefing following the announcement.
This is not the first time the Ruto administration has been accused of undermining judicial authority. In January 2024, the president dismissed a court injunction and instructed the Roads Principal Secretary to resume suspended projects, asserting that the orders were issued by "corrupt" judges obstructing his development agenda.
Judiciary leaders have repeatedly raised concerns. Chief Justice Martha Koome condemned the executive’s actions early last year, leading to a tense meeting with the president at State House to defuse institutional tensions. While a fragile calm followed, the latest appointments indicate a possible re-emergence of that conflict.
Observers have also drawn parallels to the 2020 standoff between former President Uhuru Kenyatta and Chief Justice David Maraga. At the time, Maraga warned: “It is a mockery for the president and his government to demand that citizens obey its laws when they disobey the law themselves.”
The urgency to restore the IEBC to full operation is widely acknowledged across Kenya’s political spectrum. The commission has remained understaffed since early 2023, hampering electoral preparedness. However, critics argue that constitutional procedures must be followed, especially given the IEBC’s pivotal role in safeguarding electoral integrity.
As the newly appointed commissioners await swearing-in, legal analysts warn that their legitimacy could be swiftly contested in court—potentially deepening Kenya’s institutional instability.
“We must uphold the law even when it's inconvenient,” Mwangi emphasized. “Otherwise, we risk sliding into executive impunity.”
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