Petitioners want President Ruto jailed over court disobedience

By Daisy Okiring

June 24, 2025 | Nairobi- Two petitioners have filed a high-profile case demanding that President William Ruto, Attorney General Dorcas Oduor, and Head of Public Service Felix Koskei be jailed for contempt of court.

The case, filed on June 23 at the Milimani Law Courts, accuses the three government leaders of violating a standing court order regarding the appointment of officials to the Independent Electoral and Boundaries Commission (IEBC).

Represented by Senior Counsel Paul Muite, the petitioners argue that the appointments, which were gazetted despite an existing court order, demonstrate blatant disregard for judicial authority. They seek a two-year custodial sentence for each of the accused for allegedly undermining the rule of law.

The petition is rooted in a conservatory order issued by Justice Lawrence Mugambi in May, which prohibited the vetting and formal appointment of nominees to the IEBC. Despite this directive, President Ruto officially gazetted the appointments on June 11, naming Erastus Ethekon as chairperson alongside six commissioners.

According to the petitioners, this action amounted to contempt of court—defined as behavior that obstructs or defies a court’s authority or processes. They allege that the President and his administration acted unconstitutionally by sidestepping judicial oversight.

Court orders defied in controversial IEBC appointments

The petition further seeks the nullification of the IEBC appointments, citing irregularities and lack of transparency during the recruitment process. The civil society group behind the suit contends that some individuals were unlawfully shortlisted, and that the Executive’s interference compromised the independence of the process.

Ruto’s appointments were made under constitutional provisions including Article 250(2) and specific clauses in the IEBC Act. However, the petitioners argue that the legal process was not followed, as court orders were still in effect when the gazettement occurred.

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Initially, on May 19, the High Court issued orders blocking the National Assembly from vetting the nominees. While a subsequent ruling allowed vetting to proceed, it explicitly maintained a ban on their official appointment and swearing-in.

Despite this, Ruto moved ahead with formalizing the appointments, a move the petitioners describe as a grave violation of the Constitution and a threat to judicial independence.

The petition names the IEBC appointees as Erastus Ethekon (Chair), Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Araphat Abdallah. These appointments are now under legal scrutiny pending court proceedings.

As public debate intensifies, the Judiciary is once again at the center of a constitutional test involving the Executive’s obedience to court orders. The outcome of this case could set a major precedent on the limits of presidential authority and the protection of judicial processes in Kenya.