A petition has been filed in the High Court seeking to stop the upcoming elections of the Institution of Engineers of Kenya (IEK) scheduled for March 23, 2026, on grounds that the electoral process is discriminatory and unconstitutional.
Graduate engineer Sam Aberi, through an urgent application, is asking the court to issue temporary conservatory orders halting the elections and any processes leading to the poll until a case challenging the IEK Constitution 2015 is heard and determined.
Claims of Discrimination
Aberi, a registered graduate engineer and paid-up member of IEK, argues that while the institution collects subscription fees from all members, only Fellows, Corporate Members, and Associate Members are allowed to vote and elect officials.
He contends that graduate members, despite paying fees, are excluded from voting and decision-making, a situation he describes as discriminatory, arbitrary, and unreasonable, violating constitutional principles of equality, fairness, and natural justice.
Challenge to IEK Constitution
The petition challenges several provisions of the IEK Constitution 2015 including sections 9.02, 9.10, 9.12, 11.05, 11.06, and 12.06 which Aberi claims are inconsistent with the Constitution of Kenya.
Court documents indicate that IEK has already begun preparations for the elections, including inviting expressions of interest for vacant positions and appointing scrutineers to oversee the process.
Aberi argues that allowing the elections to proceed under the current framework would render the petition moot, as the disputed process would already have taken place.
Call for Judicial Intervention
The petitioner maintains that unless the High Court intervenes, graduate members will continue to suffer inequality and exclusion from IEK’s governance despite paying membership fees.
He insists that the High Court has jurisdiction to determine constitutional questions and should act to prevent what he describes as an imminent constitutional crisis within the institution.
The matter is now pending before the court for consideration.
