Hurdles mark bumpy ride ahead for new IEBC leadership as 2027 polls fast approach

The journey ahead for the newly picked electoral body leadership appears bumpy and marked by various hurdles including a court petition, boundaries delimitation and pending by-elections with only less than two years to the 2027 general elections, The Informer Media Group can authoritatively reveal

Although yet to be approved by Parliament, the seven-member team headed by previously little-known Erastus Edung Ethekon as the Independent Electoral and Boundaries Commission chairperson, the members were nominated by President William Ruto and the names presented to the National Assembly last week.

The other nominee members of the Independent Electoral and Boundaries Commission (IEBC) are Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo, and Fahima Abdalla.

Opposition politicians have termed the process as wanting and called for the immediate release of the exit report by the selection panel that interviewed candidates for the positions of IEBC chairperson and commissioners.

At the same time, the Elections Observation Group (ELOG) has demanded the public release of the report on the recruitment of the chairperson and members of the Independent Electoral and Boundaries Commission (IEBC).

According to ELOG, transparency in the recruitment of IEBC commissioners is vital to building public trust in electoral processes.

“Following the conclusion of the exercise, ELOG is concerned that the report was only submitted to the President and was not made public. Accordingly, therefore, we demand the immediate release of the full recruitment report,” the ELOG statement reads.

“Transparency and accountability through the observance of open data principles are fundamental for good governance, and withholding of this report undermines public trust, raising serious concerns about the integrity of the recruitment exercise, which has so far been done in a mostly transparent manner.”

Further, ELOG warned that withholding the recruitment report could fuel doubts and lead to unwarranted speculation about the integrity of the selection process for IEBC commissioners.

“The failure to release the recruitment report will only deepen suspicions and promote unnecessary speculations,” ELOG said.

“Public trust in electoral institutions is critical not only because elections are a ‘people’s process’ but also because it is an integral part of enhancing the credibility of electoral processes.”

Eight opposition leaders, in a joint statement issued on May 13, 2025, demanded that the IEBC selection panel must publish the report for public scrutiny.

“We demand the immediate and full publication of the selection panel’s exit report and all Hansard records, so the public can scrutinize the criteria used to recommend the seven nominees for the commission,” the leaders stated.

They argued that the report’s release would allow Kenyans to assess whether the panel conducted a fair and lawful recruitment process, with particular regard to impartiality.

The leaders who signed the statement were former Deputy President Rigathi Gachagua, Wiper Party leader Kalonzo Musyoka, Martha Karua (People’s Liberation Party), Eugene Wamalwa (DAP-K), Mukhisa Kituyi, Jubilee Party Chairperson Torome Saitoti, and Justin Muturi (Democratic Party).

Former Interior Cabinet Secretary Fred Matiang’i who is the leader of the United Progressive Alliance (UPA), also signed the statement in which the leaders claimed that the secrecy shrouding the panel’s report undermines the integrity of the entire recruitment process.

When the panel officially handed its report to the President at State House, its contents, including the full list of the 11 shortlisted candidates, were not made public.

The selection panel chaired by Nelson Makanda had submitted nine names to President Ruto on May 6, 2025 from which he was to pick a Chairperson and six commissioners and one as the chairperson of the IEBC.

The commissioners also face various challenges including meeting timelines for preparation of both the general and by-elections, as well as objection to the list of nominees by opposition leaders who questioned the criteria used in the nomination.

While insisting that the recruitment process has failed to foster a level playing field ahead of the 2027 general election, the opposition figures announced plans to establish a citizen-led watchdog that will act as a shadow election commission.

According to the leaders, the People’s IEBC will aim to uphold the highest standards of transparency, integrity, and constitutionalism, in line with national values and principles of good governance.

This comes even as two petitioners went to the High Court in Milimani, Nairobi arguing that four of the nominees including the Chairperson were not qualified to apply for the positions.

The petitioners; Kelvin Roy Omondi and Boniface Mwangi want the seven nominated members of the Commission barred from assuming office due to perceived bias, breach of the principles of political neutrality and failure to leave state office before applying for nomination, among others.

The accusation against Ethekon is that he has affiliations with Joseph Nanok, the current Deputy Chief of Staff of President Ruto. Ethekon served as the Turkana Attorney when Nanok was Governor.

The case against Nderitu is that she is still a state Officer and is therefore ineligible to be IEBC Commissioner while Noor contested the Mandera County Governor seat in 2022, thus rendering him ineligible.

On her part, Ms Sorobit is accused of having served as the Executive Director of Jubilee Party and a member of the governing council in the last five years preceding her nomination as a Commissioner.

The petition which pending determination before Justice Lawrence Mugambi is further expected to delay the constitution and commencement of work for the electoral organ

It is noteworthy that a number of by-elections are lined up following the resignation of recently appointed Cabinet Secretary for Public Service Geoffrey Ruku (Runyenjes), death of Kasipul legislator Charles Ong’ondo Were and Nairobi’s Kariobangi North MCA Joel Munuve, among others.