Senior Counsel Paul Muite has urged the court to impose a fine on President William Ruto for defying High Court orders that barred the gazettement of the Independent Electoral and Boundaries Commission (IEBC).
Appearing before Lady Justice Roselyne Aburili, Justice John Chigiti, and Bahati Mwamuye on Monday, June 23, 2025, Counsel Muite stated that gazetting the IEBC Chairman and Commissioners violated orders issued by the court.
He wants the President, Attorney General Dorcas Oduor, and Head of Public Service Felix Koskey to serve two years in prison for contempt of court.
“In the sentence provided before the High Court, it is us, a nation, that should consider imposing a sentence of two years for the President in his office. For the others — the Government Printer, the Attorney General, the Head of Public Service — they should start serving their sentence immediately, unless, of course, they are in contempt,” Lawyer Muite told the court.
Muite, who is representing petitioners Kelvin Roy Omondi and Boniface Mwangi in their petition challenging the IEBC nominees, argued that even though the Constitution provides immunity to the President while in office, the fine for contempt of court orders should be suspended until his term expires.
He further stated that the interpretation of the Constitution adopts a holistic approach, so that Article 143, providing immunity to the President during his term of office, has to be interpreted in consonance with Article 3(1), which makes everybody subject to the Constitution.
“And on the basis of the rule of harmonizing Article 2, Article 3(1), and Article 143, you are entitled to, in course, have a fine on the contrary nullity, including the President. What this court can do, in my submission, is to then suspend the fine — the imposition of the fine — to the day that the President ceases to be President. That is the rule of law,” Senior Counsel Muite told the court.
Notably, Muite also urged the court to nullify the gazettement of the IEBC Chairman and the Commissioners and declare the gazette notice a complete nullity.
“My submission is that this order of court is entitled, first, to declare this gazette notice a complete nullity because anything done in violation of court orders is a nullity. We ask that you declare the gazette notice a complete nullity,” Lawyer Muite submitted to the court.
The learned Counsel also stated the need for the court to go a little further in order to discourage Presidents from violating court orders, adding that it will promote the authority of this court order and serve the intended purpose, not the contempt.
He also noted there was no reason for the President to defy the court orders, stating that he was aware of them since he was represented by the Attorney General when the orders were issued by Justice Lawrence Mugambi.
“The Head of the Public Service was represented by the Attorney General, who was present in court, so was the Government Printer when the orders were issued,” Lawyer Muite stated.
“In addition to the Attorney General, their counsel having been in court, service was effected on the Attorney General, on the Government Printer, and on him, on the Public Service. It is our submission that service on the Attorney General is service to the President,” Lawyer Muite told the court.
On May 29, 2025, Judge Lawrence Mugambi allowed the National Assembly to proceed with the vetting process of the proposed IEBC commissioners.
However, Justice Mugambi issued conservatory orders preventing the gazettement, swearing-in, or assumption of office by the seven nominees once the vetting and approval process by Parliament is complete, or by any other person or persons as Chairperson or Commissioners of IEBC.
“Pending the hearing and determination of the petition, a conservatory order is hereby issued forbidding the gazettement, swearing-in, or assumption of office by Erastus Edung, Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Aduol, and Fahima Abdallah, or any other person or persons as the Chairperson or Commissioners of IEBC,” Judge Mugambi ruled.
