The High Court in Kiambu has halted elections of a professional engineers’ body that had been scheduled for March 23, 2026, pending the hearing and determination of a constitutional petition challenging the process.
In a ruling delivered on March 13, 2026, Justice D.O. Chepkwony issued conservatory orders stopping the elections, noting that allowing the process to proceed before the court considers the petition could render the case nugatory.
The court observed that the petition raises serious concerns regarding the governance structure, electoral framework, and alleged exclusion of certain members within the institution, matters that directly affect the legitimacy of the planned elections.
Justice Chepkwony stated that if the elections were conducted before the court determines the legality of the disputed framework, the case could be overtaken by events.
“The conservatory orders are not intended to determine rights finally, but to preserve the subject matter of the petition so that the court’s eventual determination is not rendered nugatory,” the judge said.
The orders followed an application by petitioner Sam Aberi, who moved to court on behalf of other graduate engineers seeking interim orders to restrain the Institution of Engineers of Kenya from conducting the elections.
During the hearing, Aberi’s lawyer Dan Oino Okemwa argued that the respondents had not filed any response to the application, leaving the claims uncontroverted.
However, counsel for the respondents, Ojiambo, told the court that they intended to file responses to both the application and the petition. He urged the court to prioritise the hearing of the main petition so that the matter could be resolved quickly, particularly because preparations for the elections were already underway.
The court agreed that the substantive petition should be heard on priority but held that interim orders were necessary to preserve the issues raised in the dispute.
In the same ruling, the court also considered an application seeking to enjoin Howard Ashihundu Mmayi as a third respondent in the case.
Mmayi, through his lawyer, argued that he is a member of the organisation, a candidate for the position of First Vice President in the contested elections, and a member of the constitutional review committee whose work is part of the dispute before the court.
Justice Chepkwony found that while Mmayi has a direct interest in the outcome of the case, the petition did not seek any specific relief against him.
The court therefore declined to join him as a respondent but allowed him to participate in the proceedings as an interested party.
“The material before the court shows that he is not a remote observer. His stake in the proceedings is real, identifiable and proximate,” the judge ruled.
The court directed the respondents and the interested party to file and serve their responses to the petition within three days.
All parties were also given seven days to file written submissions, after which the court will proceed to determine the matter.
Judgment on the petition is scheduled for April 17, 2026.
