The High Court has postponed the hearing of a petition challenging the vetting and approval of President William Ruto’s nominees for the positions of IEBC chairperson and commissioners to Monday.

Justice Lawrence Mugambi adjourned the case after it was revealed that one of the nominees, Fahima Araphat Abdallah, had not received a formal notice to appear in court.

The judge directed petitioners Kelvin Roy Omondi and Boniface Mwangi to serve all seven nominees, including chairperson nominee Ethekon Edung Thekon, afresh through a public advertisement in a national newspaper before the Monday hearing.

In addition, Justice Mugambi instructed the petitioners, represented by lawyer Paul Muite, to present their case in open court on May 19 at 10:30 a.m.

The application that was filed by Kelvin Roy Omondi and Boniface Mwangi seeks to halt any vetting or approval proceedings by the National Assembly, arguing that the selection process was flawed, lacked transparency, and violated the Constitution.

Earlier this month, President William Ruto nominated Erastus Edung Ethekon as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.

This comes as Parliament prepares to vet the nominees from May 26. According the the National Assembly notice, Kenyans have until Wednesday next week to submit memoranda with supporting evidence contesting the suitability nominees.

In the notice issued on Monday, Clerk of the National Assembly Samuel Njoroge announced that the Departmental Committee on Justice and Constitutional Affairs will conduct the approval hearings in line with Article 118(1)(b) of the Constitution and the Public Appointments (Parliamentary Approval) Act.

The vetting comes amid concern over delays in reconstituting the IEBC, which has been without a full commission since early 2023.