Fresh faces, old fears: IEBC's new team sworn in amid public doubt

Even before they assumed office, the recruitment of the new chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC) was already mired in controversy.

From a court decision initially halting their vetting to a subsequent ruling delaying their gazettement, the process was marred by fears—especially from the opposition—that the appointments were influenced by political godfathers. Their path to office now appears to mirror that of their predecessors ahead of the 2017 and 2022 general elections.

And as the courts swore them in—officially beginning their mandate through to the 2027 elections and beyond—questions linger over whether this new team can escape the fate of previous commissions: plagued by internal conflict and a crippling public trust deficit that culminated in two successive disputed presidential elections.

Erastus Ethekon was sworn in yesterday as the new IEBC chairperson, alongside commissioners Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Adul, and Fahima Araphat Abdallah.

Yet during last month’s vetting by the National Assembly’s Justice and Legal Affairs Committee (Jlac), concerns were raised about the team’s credibility and their perceived links to senior figures in President William Ruto’s administration. The fear, critics said, was that the electoral body was being politically captured before it even began its work.

Ethekon was grilled over his impartiality, particularly his previous working relationship with State House Deputy Chief of Staff Josphat Nanok. The committee also received formal objections from three individuals, citing perceived bias due to Ethekon’s association with Nanok, the former Turkana governor.

Ann Nderitu, the Registrar of Political Parties, was accused of being fronted by “higher-ups” and faced questions about her independence in her previous role.

Moses Mukhwana’s neutrality was also questioned due to his past as a legal consultant for the now-defunct Amani National Congress (ANC), a party previously led by Prime Cabinet Secretary Musalia Mudavadi. His links to the ruling coalition raised eyebrows.

Former Rift Valley Provincial Commissioner Hassan Noor had to explain his relationship with National Assembly Minority Leader Junet Mohamed—his brother-in-law—and clarify the circumstances behind his late addition to the list of nominees.

Mary Sorobit, who once served in the Jubilee Party secretariat before transitioning to Ruto’s United Democratic Alliance (UDA), where she reportedly remains a member, was also pressed on her political affiliations.

Despite the scrutiny, each nominee denied being influenced by external actors in seeking what are arguably among the most coveted—and contentious—public appointments in Kenya.

The opposition, led by Wiper party leader Kalonzo Musyoka, remained unswayed, describing the appointments as “a project to rig the 2027 General Election.” Kalonzo and others—including former Deputy President Rigathi Gachagua and People’s Liberation Party leader Martha Karua—accused both President Ruto and ODM leader Raila Odinga of fronting candidates aligned to their political networks, thus undermining the independence and integrity of the commission.

“The recruitment process was flawed...the selection panel was a political extension of State House staffed with Ruto’s loyalists and backroom advisers. The constitutional principles of consultation, public participation and political neutrality were completely disregarded,” stated the opposition in a statement.

Their concerns are rooted in recent history. The last two general elections were marked by internal discord within the IEBC, threatening national stability and even necessitating a repeat presidential poll in 2017.Following the disputed 2017 presidential election—and the withdrawal of Raila from the rerun—then-commissioner Roselyne Akombe resigned just eight days before the fresh vote and fled the country. She later revealed the extent of division within the commission, claiming that then-chairperson Wafula Chebukati lacked full control and that the IEBC, as constituted, could not deliver a credible election.

Seven months later, three more commissioners—Deputy Chairperson Consolata Maina, Paul Kurgat and Margaret Mwachanya—also resigned, citing dysfunction and susceptibility to political interference.

“For far too long, and way too many times, the commission chair has failed to be the steady and stable hands that steer the ship in difficult times and gives direction when needed. Instead, under his leadership, the commission boardroom has become a venue for peddling money, misinformation, grounds for brewing mistrust and a space for scrambling for and chasing individual glory and credit,” claimed Mwachanya.

In 2022, history repeated itself. Four commissioners, led by Vice Chair Juliana Cherera, rejected the final presidential tally at Bomas of Kenya, citing an opaque process. Speaking from Serena Hotel, Cherera—flanked by Francis Wanderi, Justus Nyang’aya and Irene Masit—distanced themselves from the announcement because of irregularities in the final phase of tallying.

Chief Justice Martha Koome addressed the new commissioners, urging them to uphold the integrity and independence of their office, especially in the face of public scepticism and youthful disillusionment with State institutions.