IEBC Chairperson nominee Erastus Edung Ethekon has urged the High Court to dismiss a petition challenging his appointment, alongside six other commissioners.
Through his lawyer, Issa Mansur, Ethekon told a three-judge bench, comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye that the selection panel and the National Assembly adhered to constitutional and legal processes in their nomination and vetting.
“There is no evidence of any procedural illegality whatsoever,” Mansur submitted.
The lawyer emphasised that Ethekon is “eminently qualified,” with more than two decades of legal experience, including serving as County Attorney in Turkana, and advanced degrees in project management and peace, conflict, and development studies.
“He holds a Master of Science in Project Management and a Master of Arts in Peace, Conflict, and Development Studies, and has 20 years’ experience in law.
He served with distinction not only at the county level but also regionally at the African Union Development Agency,” Mansur told the judges.
He further dismissed claims of bias, stating, “The allegations of political affiliation with the Statehouse deputy chief of staff Josphat Nanok are tenuous at best. A county attorney serves the county, not the governor. Mr. Ethekon served under two separate governors, which speaks to his competence and neutrality.”
The petitioners Kelvin Omondi and Boniface Mwangi, are contesting the nomination of the full slate of commissioners, Ethekon, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
They claim that the appointments do not reflect regional and ethnic balance, and that persons with disabilities were excluded.
However, Mansur countered, “All nominees come from diverse ethnic and regional backgrounds, and the Selection Panel followed due diligence. There were two qualified applicants with disabilities who were interviewed, and ample time was provided for applications.”
He described the petition as “vigorous, sensational, and wholly lacking in merit,” urging the court to dismiss it in its entirety.
Mansur also addressed claims that the appointments violated Articles 10 and 232 of the Constitution, particularly regarding ethnic diversity and inclusion.
“In the petition, they cite ‘Apartheid Article 7’, an accusation that rests on mere perceptions, not evidence. There is no factual basis to show that Mr. Ethekon’s service as County Attorney compromised his neutrality or renders his current role unconstitutional.”
He referenced previous High Court decisions on similar matters, particularly around ethnic representation in constitutional commissions, asserting that “precedent confirms the appointments are lawful.”
Ethekon, in his May 31 appearance before the National Assembly’s Justice and Legal Affairs Committee, emphatically stated he would not offer favoritism.
“Absolutely not. I shall not be biased against President Ruto,” Ethekon affirmed his commitment to impartiality in the upcoming 2027 elections.
He also clarified that his relationship with Deputy Chief of Staff Josphat Nanok, a former governor under whom Ethekon served, was strictly professional.
“I am not related… our engagement was strictly professional, aimed at serving the people of Turkana,” he said .
IEBC Chairperson nominee Erastus Edung Ethekon has urged the High Court to dismiss a petition challenging his appointment, alongside six other commissioners.
Through his lawyer, Issa Mansur, Ethekon told a three-judge bench, comprising Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye that the selection panel and the National Assembly adhered to constitutional and legal processes in their nomination and vetting.
“There is no evidence of any procedural illegality whatsoever,” Mansur submitted.
The lawyer emphasised that Ethekon is “eminently qualified,” with more than two decades of legal experience, including serving as County Attorney in Turkana, and advanced degrees in project management and peace, conflict, and development studies.
“He holds a Master of Science in Project Management and a Master of Arts in Peace, Conflict, and Development Studies, and has 20 years’ experience in law.
He served with distinction not only at the county level but also regionally at the African Union Development Agency,” Mansur told the judges.
He further dismissed claims of bias, stating, “The allegations of political affiliation with the Statehouse deputy chief of staff Josphat Nanok are tenuous at best. A county attorney serves the county, not the governor. Mr. Ethekon served under two separate governors, which speaks to his competence and neutrality.”
The petitioners Kelvin Omondi and Boniface Mwangi, are contesting the nomination of the full slate of commissioners, Ethekon, Anne Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
They claim that the appointments
do not reflect regional and ethnic balance
, and that persons with disabilities were excluded.
However, Mansur countered, “All nominees come from diverse ethnic and regional backgrounds, and the Selection Panel followed due diligence. There were two qualified applicants with disabilities who were interviewed, and ample time was provided for applications.”
He described the petition as “vigorous, sensational, and wholly lacking in merit,” urging the court to dismiss it in its entirety.
Mansur also addressed claims that the appointments violated Articles 10 and 232 of the Constitution, particularly regarding ethnic diversity and inclusion.
“In the petition, they cite ‘Apartheid Article 7’, an accusation that rests on mere perceptions, not evidence. There is no factual basis to show that Mr. Ethekon’s service as County Attorney compromised his neutrality or renders his current role unconstitutional.”
He referenced previous High Court decisions on similar matters, particularly around ethnic representation in constitutional commissions, asserting that “precedent confirms the appointments are lawful.”
Stay informed. Subscribe to our newsletter
Ethekon, in his May 31 appearance before the National Assembly’s Justice and Legal Affairs Committee, emphatically stated he would not offer favoritism.
“Absolutely not. I shall not be biased against President Ruto,” Ethekon affirmed his
commitment to impartiality
in the upcoming 2027 elections.
He also clarified that his relationship with Deputy Chief of Staff Josphat Nanok, a former governor under whom Ethekon served, was strictly professional.
“I am not related… our engagement was strictly professional, aimed at serving the people of Turkana,” he said .
By Nancy Gitonga