Ruto nominates little known Ethekon as IEBC chairman

President William Ruto has nominated Erastus Edung Ethekon as the new chairman of the Independent Electoral and Boundaries Commission.

The President, in a statement issued by Chief of Staff and Head of Public Service Felix Koskei, said he had nominated Mr Edung as the new IEBC chairperson and if approved by Parliament, he will steer the electoral commission for a single term of six years.

He also named six IEBC commissioner nominees who include: Ann Njeri Nderitu (Nyandarua), Moses Alutalala Mukhwana (Kakamega), Mary Karen Sorobit, (Uasin Gishu), Hassan Noor Hassan (Mandera), Francis Odhiambo Aduol (Kisumu) and Fahima Araphat Abdallah (Lamu).

“The nominations have been transmitted to the National Assembly for consideration and approval, in accordance with the Independent Electoral and Boundaries Commission Act as well as the Public Appointments (Parliamentary Approval) Act (Chapter 7F, Laws of Kenya,” said Mr Koskei.

He said the Selection Panel recommended two candidates for the position of chairperson and nine candidates to fill six positions of member.

Koskei said in recognition of the indispensable role of the IEBC as one of the cornerstone institutions of the country's democracy and a custodian of electoral management, the President has urged the National Assembly to prioritise consideration of these nominations.

Nomination of Ethekon a former County Attorney for Turkana County comes as a surprise to many since he was not among the front runners as was former East African Court of Justice Judge Charles Nyachae and former Chief Registrar of the Judiciary Anne Amadi.

When he appeared before the IEBC Selection Panel chaired by Nelson Makanda for the interview Mr Ethekon, 48, and a human rights lawyer, said scenes witnessed during the last election and subsequent IEBC split was discourteous to Kenyans and should not happen again.

“The lack of confidence is what needs to be addressed, the new IEBC team once it gets to office should prioritise restoring trust, we must evaluate even the IEBC staff on whether they are neutral because we bring different orientations, persuasions, we need to reconcile that with what the law requires of us,” said Ethekon.

He said the role of IEBC chairperson is to announce and declare results, while the commissioners’ responsibility is to verify them, if any issue arises it should be documented instead of abandoning or disowning the entire process.

Among individuals nominated as IEBC commissioners is current Registrar of political parties Ann Nderitu.

Nderitu pledged to focus on teamwork and strict adherence to the rule of law if appointed IEBC commissioner when she appeared before the selection panel.

"If I am part of the procurement committee, I will ensure the rules and regulations are followed and check if the team is adhering to the law, there is need for proper procurement plans, clear timelines, and effective risk mitigation strategies to ensure accountability,” she said.

Hassan, who served previously as Chief Administrative Secretary in President Uhuru Kenyatta's government inclusion in the final list of interviews caused an uproar since he was not in the original list published in the newspapers by the Makanda led team.

Prof Aduol is a former Vice Chancellor of the Technical University of Kenya and impressed the selection panel with his curriculum vitae.

The IEBC has been without commissioners after former chairperson the late Wafula Chebukati, commissioners Abdi Guliye and Boya Molu left office in January 2023.

Former IEBC Vice chair Juliana Cherera, Commissioners Justus Nyangaya and Francis Wanderi opted to resign from office after a tribunal after Justice Aggrey Muchelule tribunal was formed to establish their suitability of being in office over their conduct during the 2022 election.

Former commissioner Irine Masit was kicked out of office after opting to face the Muchelule tribunal and was found not suitable of being in office.

In March 2023, the IEBC selection panel was formed chaired by Makanda but its operations were delayed after the opposition raised objections about its composition during nationwide protests vowing not to recognise it.

During the National Dialogue Committee (NADCO) talks the reconstitution of the IEBC selection panel was one of the top agendas after Azimio leaders vowed not to recognise the formation of a new IEBC under the selection panel which they had reservations about.

National Assembly Speaker Moses Wetang'ula has expressed fears that the boundary delimitation process may be the biggest casualty of the delayed reconstitution of the electoral agency.  

Wetang’ula noted that while the delayed reconstitution of the IEBC has hindered the timely conducting of by-elections in various constituencies and wards, he also stated that it may be impossible to create additional constituencies. 

The speaker who made the remarks during a Mid-term retreat of the members of the National Assembly in Naivasha, Nakuru County, pointed out that the Constitution establishes the current 290 constituencies, leaving no room for expansion due time constrains.

“The delay in the reconstitution of IEBC stalled crucial activities, including boundary delimitation, which is vital for the country’s electoral system, as well as the timely conduct of by-elections in constituencies and wards that have experienced vacancies,” said Wetang’ula.