The High Court has given the green light for Parliament to proceed with the vetting of President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC) Selection Panel.
The court, however, issued conservatory orders stopping their gazettement and swearing-in.
The decision follows a petition filed by activists Boniface Mwangi and Kelvin Roy Omondi, who challenged the legality of the selection process.
Justice Lawrence Mugambi, who presided over the case on Thursday, ruled that while Parliament can continue with the vetting, the appointments cannot be finalised until the court resolves key constitutional questions.
He noted that the issues raised in the petition touch on the sovereignty of the people and warrant serious judicial scrutiny.
The petitioners argue that the selection process lacked transparency and adequate public participation, violating constitutional requirements, especially regarding inclusivity and representation of marginalised groups.
Justice Mugambi acknowledged the significance of these concerns and stated that they raise substantial legal questions.
As a result, he referred the matter to Chief Justice Martha Koome for the empanelment of a bench to hear and determine the constitutional issues raised.
The ruling effectively puts the final appointment of IEBC panel members on hold pending further judicial review.