The High Court Thursday issued conservatory orders stopping the gazettement of Independent Electoral and Boundaries Commission (IEBC) nominees and their swearing-in.
The court, however, gave a green light to Parliament to vet the nominees.
The file was later forwarded to Chief Justice Martha Koome for the empanelment of a bench that will hear and determine the issues raised in the petition.
Justice Lawrence Mugambi noted that the issues raised in the petition touch on the sovereignty of the people.
The court noted that the case has raised serious questions that the court can’t wave off and needs interrogations.
President William Ruto on May 8 nominated Erastus Edung Ethekon as the new IEBC Chairperson to succeed Wafula Chebukati who died in February this year.
Ruto also nominated six IEBC Commissioners from various regions, among them Registrar of Political Parties Ann Nderitu (Nyandarua).
The others are Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu), and Fahima Araphat Abdallah (Lamu).
However, the petitioners argue that the President acted unlawfully and that some of the nominees do not meet the eligibility criteria.
The National Assembly previously asked the court to allow the vetting process to proceed uninterrupted, arguing that judicial intervention at this stage is premature and contrary to public interest.
In response to the case challenging the nomination of the seven, the Assembly argued that halting the process undermines public participation and disrupts a time-bound constitutional exercise.
This prompted Justice Mugambi to issue the fresh orders.
Lack of commissioners at IEBC for more than a year has affected many operations. A number of by elections are pending over lack of a working commission.
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