Senior Counsel Paul Muite has urged a three-judge High Court bench to sentence President William Ruto, Attorney General Dorcas Odour and Head of Public Service Felix Koskei to two years in prison for contempt of court.
The senior lawyer accused the top government officials of deliberately disobeying a binding court order halting the gazettement of seven newly nominated Independent Electoral and Boundaries Commission (IEBC) commissioners.
Appearing before Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye on Monday, June 23, Muit,e who is representing two petitioners challenging the appointment of the seven individuals, insisted that the trio’s actions constituted a blatant and deliberate violation of judicial authority, which he argued severely undermines the rule of law and constitutionalism in Kenya.
“These orders were issued by a court of competent jurisdiction. The President, through the Attorney General, was represented in that court. He knew the legal implications, and so did the Head of Public Service and the Government Printer. Yet, they went ahead to publish the gazette notice,” said Muite in his submission.
The orders in question were issued on May 28, 2025, by Justice Lawrence Mugambi in a petition filed by voter Kelvin Omondi and activist Boniface Mwangi who challenged the nomination process of the IEBC commissioners.
The petitioners argue that the process lacked transparency, violated constitutional safeguards, and should be nullified.
Justice Mugambi, in his ruling, ordered the suspension of any further steps toward the installation of the seven nominees:
“That pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding and or preventing gazettement, the taking of oath, or assuming of office by the interested parties, namely: Erastus Edung Ethekon; Anne Njeri Nderitu; Moses Alutalala Mukhwana; Mary Karen Sorobit; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Arafat Abdallah,” the court had ruled.
Despite the orders, a government gazette notice published on June 10 confirmed the appointment and swearing-in of the seven individuals.
Muite told the court that the Attorney General was physically present in court when the orders were issued and that the AG’s awareness of the directive equated to the President’s legal awareness.
“Service on the Attorney General is service to the President,” Muite emphasised.
“Those court orders were violated with full knowledge by the government. The gazettement took place even though both the AG and counsel for the Head of Public Service were fully aware of the order barring such action.”
Muite cited page 274 of the supplementary affidavit filed in court, which contains the offending gazette notice.
He insisted that the contempt was not accidental or negligent but a deliberate act, urging the judges to issue a maximum sentence of two years’ imprisonment.
“This court has a solemn duty to uphold its own dignity and authority. If the highest office in the land can ignore a court order, what message does that send to ordinary citizens?” he posed.
The petitioners, Omondi and Mwangi, want the appointment of the commissioners nullified and fresh nominations conducted in strict adherence to the Constitution.
Their petition accuses the selection panel of lacking independence and transparency and alleges that the executive manipulated the process to install favourable individuals into the critical electoral body.
Justice Aburili, speaking for the bench, said the court would not deliver a ruling immediately and will first consider all the legal and factual issues presented before making a determination on the contempt claims.
“This is a grave matter that touches on the enforcement of court orders and the independence of the judiciary. We shall not issue a ruling in due course,” she stated.
However, Muite has also urged the judges to declare appointments unconstitutional.
Muite further contends that the vetting of the commissioners by the National Assembly was also illegal, as the Parliament is not well constituted
Hearing of the petition is still ongoing before the Milimani High Court, with petitioners’ lawyers calling for a fresh nomination process of IEBC commissioners.
The senior lawyer accused the top government officials of deliberately disobeying a binding court order halting the gazettement of seven newly nominated Independent Electoral and Boundaries Commission (IEBC) commissioners.
Appearing before Justices Roselyne Aburili, John Chigiti, and Bahati Mwamuye on Monday, June 23, Muit,e who is representing two petitioners challenging the appointment of the seven individuals,
insisted that the trio’s actions
constituted a blatant and deliberate violation of judicial authority, which he argued severely undermines the rule of law and constitutionalism in Kenya.
“These orders were issued by a court of competent jurisdiction. The President, through the Attorney General, was represented in that court. He knew the legal implications, and so did the Head of Public Service and the Government Printer. Yet, they went ahead to publish the gazette notice,” said Muite in his submission.
The orders in question were issued on May 28, 2025, by Justice Lawrence Mugambi in a petition filed by voter Kelvin Omondi and activist Boniface Mwangi who challenged the nomination process of the IEBC commissioners.
The petitioners argue that the process lacked transparency, violated constitutional safeguards, and should be nullified.
Justice Mugambi, in his ruling, ordered the suspension of any further steps toward the installation of the seven nominees:
“That pending the hearing and determination of this petition, a conservatory order is hereby issued forbidding and or preventing gazettement, the taking of oath, or assuming of office by the interested parties, namely: Erastus Edung Ethekon; Anne Njeri Nderitu; Moses Alutalala Mukhwana; Mary Karen Sorobit; Hassan Noor Hassan; Francis Odhiambo Aduol; Fahima Arafat Abdallah,” the court had ruled.
Despite the orders, a government gazette notice published on June 10 confirmed the appointment and swearing-in of the seven individuals.
Muite told the court that the Attorney General was physically present in court when the orders were issued and that the AG’s awareness of the directive equated to the President’s legal awareness.
“Service on the Attorney General is service to the President,” Muite emphasised.
“Those court orders were violated with full knowledge by the government. The gazettement took place even though both the AG and counsel for the Head of Public Service were fully aware of the order barring such action.”
Muite cited page 274 of the supplementary affidavit filed in court, which contains the offending gazette notice.
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He insisted that the contempt was not accidental or negligent but a deliberate act, urging the judges to issue a maximum sentence of two years’ imprisonment.
“This court has a
solemn duty to uphold its own
dignity and authority. If the highest office in the land can ignore a court order, what message does that send to ordinary citizens?” he posed.
The petitioners, Omondi and Mwangi, want the appointment of the commissioners nullified and fresh nominations conducted in strict adherence to the Constitution.
Their petition accuses the selection panel of lacking independence and transparency and alleges that the executive manipulated the process to install favourable individuals into the critical electoral body.
Justice Aburili, speaking for the bench, said the court would not deliver a ruling immediately and will first consider all the legal and factual issues presented before making a determination on the contempt claims.
“This is a grave matter that touches on the enforcement of court orders and the independence of the judiciary. We shall not issue a ruling in due course,” she stated.
However, Muite has also urged the judges to declare appointments unconstitutional.
Muite further contends that the vetting of the commissioners by the National Assembly was also illegal, as the Parliament is not well constituted
Hearing of the petition is still ongoing before the Milimani High Court, with petitioners’ lawyers calling for a fresh nomination process of IEBC commissioners.
By Nancy Gitonga