Towards a new IEBC: Legal battles, compromises, and key timelines in reconstitution of electoral body

President William Ruto with IEBC selection panel Chair Nelson Makanda when received the report on the recruitment of nominees to the Independent Electoral and Boundaries Commission (IEBC) on May 6, 2025. PHOTO/https://www.facebook.com/williamsamoei

The journey to having a fully functional Independent Electoral and Boundaries Commission (IEBC) marks a significant milestone as the nominees for the chairperson and commissioner positions appear before the Justice and Legal Affairs Committee for the vetting process this Saturday, May 31, 2025, following a green light from the courts.

With barely two years left, time could be of the essence to the team that is expected to not only oversee elections for vacant parliamentary and ward seats but also embark on preparations for the 2027 General Election.

K24 details the important dates and happenings that influenced the process, from the expiration of the late chair Wafula Chebukati’s term and the adoption of the National Dialogue Committee (NADCO) report to the bottlenecks from litigations and the nomination of the new personnel for the vacant roles in the electoral body.

January 17, 2023 – Wafula Chebukati and commissioners Abdi Guliye and Boya Molu call it a day on January 17, 2023, six years after the initial seven-member team was sworn into office in 2018.

Kalonzo leads Azimio-Kenya Kwanza talks

July 2023: Azimio la Umoja-One Kenya coalition party chooses Kalonzo Musyoka to lead its delegation in the talks with Kenya Kwanza. The reconstitution of IEBC, particularly the selection panel that will recruit the commission’s new chairperson and other six commissioners, is one of Azimio’s key demands.

Wiper party leader Kalonzo Musyoka speaks during a past event. PHOTO/@skmusyoka/X
Wiper party leader Kalonzo Musyoka speaks during a past event. PHOTO/@skmusyoka/X

July 2023: The National Assembly resumes its sittings amid a charged political environment in the country. With the push to revive the bipartisan talks, which stalled after the Azimio la Umoja side pulled out, citing noncompliance by the Kenya Kwanza with the crucial legislative agenda.

February 2024: The National and Senate Assemblies adopt the National Dialogue Committee (NADCO) report. A bipartisan agreement signed in 2024 by Kalonzo Musyoka of Azimio and Kimani Ichungw’ah of Kenya Kwanza. It has 5 major points with the

Audit of the electoral process of 2022 and the restructuring and reconstitution of the IEBC are also among the sticking issues arising from the report.

Presidential assent

July 2024: President William Ruto assented to the Independent Electoral and Boundaries Commission (IEBC) Bill, paving the way for the appointment of an IEBC chairperson and commissioners to fill the vacant positions as per negotiations in the NADCO report.

October 2024: Boniface Njogu files a petition in Kiambu Court arguing that the selection panel lacked proper representation of persons living with disabilities.

An image of court gavel. PHOTO/@AmnestyKenya/X
An image of court gavel. PHOTO/@AmnestyKenya/X

December 7, 2024: Judge Isaac Lenaola warns of the dangers of not having a functional IEBC in place with three years to the election.

He criticises the government and the opposition for failing to appoint the Independent Electoral and Boundaries Commission (IEBC) commissioners.

“But why don’t we use social media to impact legislation? Why don’t we have a hashtag ‘Appoint IEBC Now’ and spread it? Those who have an opportunity will follow it,” he added.

Kalonzo warns of demos

December 2024: Kalonzo Musyoka gives President William Ruto an ultimatum to reconstitute the Independent Electoral and Boundaries Commission (IEBC) panel by March 2025. 

He threatens to lead nationwide demonstrations against the Kenya Kwanza government.

Former President Uhuru Kenyatta with President William Ruto
Former President Uhuru Kenyatta with President William Ruto. PHOTO/@4thPresidentKE/X

December 2024: Former President Uhuru Kenyatta speaks on the ongoing debacle in the reconstitution of the Independent Electoral and Boundaries Commission (IEBC).

The fourth president of Kenya tells Ruto that the reconstitution process should be handled with care to promote democracy and transparency.

Court unlocks major stalemate

January 24, 2025: A Kiambu court unlocks a major stalemate in the reconstitution of IEBC with the invalidation of Boniface Njogu’s petition filed in October 2024 for lack of representation of people with disabilities.

January 27: President Ruto kicks off the process of selecting new IEBC commissioners with the appointment of the nine-member IEBC selection panel via a gazette notice.

Makanda-led selection panel formed

Nelson Makanda is nominated to lead the nine-member team as chairperson. He calls for invitation applications from qualified persons.

Friday, January 31, 2025: Chief Justice Martha Koome presides as the selection panel members are sworn in.

IEBC Selection Panel Chairperson Nelson Makanda addressing the press on Sunday February 16, 2025. PHOTO/https://www.facebook.com/ParliamentKE
IEBC Selection Panel Chairperson Nelson Makanda addressing the press on Sunday February 16, 2025. PHOTO/https://www.facebook.com/ParliamentKE

March 24, 2025: The Selection Panel starts oral interviews for the prospective chairperson and commissioners for the IEBC.

March 26, 2025: The panel concludes the interviews of 11 candidates who presented themselves for the position of chairperson of the electoral body.

April 2025: The National Assembly has approved a two-week extension for the Independent Electoral and Boundaries Commission (IEBC) selection panel, shifting the deadline from April 28 to May 12.

Ruto receives report

May 2025: President Ruto receives the report on the recruitment of nominees to the Independent Electoral and Boundaries Commission (IEBC).

May 8, 2025: President William Ruto nominates Erastus Edung Ethekon for appointment as the new Independent Electoral and Boundaries Commission (IEBC). 

He also nominates six commissioners out of the nine he received from the IEBC selection panel to be appointed in the electoral body.

Opposition raises concerns

May 12, 2025: Former DP Gachagua claims that Ruto deliberately removed Charles Nyachae’s name from the shortlist for the IEBC chairperson position, despite the selection panel ranking him as the top candidate.

May 13, 2025: The opposition leaders, led by Kalonzo Musyoka and Rigathi Gachagua, announce plans to establish a people’s IEBC. The leaders explained that it will function as a watchdog, which will mirror the duties played by the official electoral commission.

Fred Matiang'i, Rigathi Gachagua, Martha Karua, Eugene Wamalwa, Justin Muturi, Mintika Linturi, and Mukhisa Kitui after the meeting on Tuesday, April 29,2025. PHOTO/@MarthaKarua
Fred Matiang’i, Rigathi Gachagua, Martha Karua, Eugene Wamalwa, Justin Muturi, Mintika Linturi, and Mukhisa Kitui after the meeting on Tuesday, April 29, 2025. PHOTO/@MarthaKarua

May 19, 2025: The High Court issues temporary orders stopping the National Assembly from vetting the proposed Independent Electoral and Boundaries Commission (IEBC) Commissioners until May 29, 2025.

Meanwhile, senators demand a role in the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC).  The senators contend that the reconstitution of the electoral body is a matter of national significance, which must involve both houses.

May 29, 2025: The High Court allows the parliamentary committee to proceed with the vetting process of the proposed IEBC nominees.

May 30, 2025: A new date for IEBC nominees’ vetting is announced.