Engineer Files Court Petition to Halt IEK Elections Over Alleged Discrimination
The case was filed under a certificate of urgency by graduate engineer Sam Aberi, who is asking the court to issue temporary conservatory orders stopping the elections and any related processes until a separate petition challenging the IEK Constitution 2015 is heard and determined
By : Mweru Mbugua
A petition has been filed in the High Court seeking to halt the upcoming elections of the Institution of Engineers of Kenya (IEK) scheduled for March 23, 2026, with claims that the electoral process is discriminatory and unconstitutional
The case was filed under a certificate of urgency by graduate engineer Sam Aberi, who is asking the court to issue temporary conservatory orders stopping the elections and any related processes until a separate petition challenging the IEK Constitution 2015 is heard and determined
Aberi, a registered graduate engineer and a fully paid-up member of the institution, argues that the IEK collects subscription fees from all members but only allows specific membership categories Fellows, Corporate Members, and Associate Members to participate in electing officials
According to the petitioner, graduate members are excluded from voting and participating in key decision-making processes within the organization despite paying membership fees
He contends that this exclusion is discriminatory, arbitrary, and unreasonable, violating constitutional principles of equality, fairness, and the rules of natural justice
In the petition, Aberi also challenges several provisions of the IEK Constitution 2015, including sections 9.02, 9.10, 9.12, 11.05, 11.06, and 12.06, arguing that they are inconsistent with the Constitution of Kenya
Court documents indicate that the Institution of Engineers of Kenya has already begun preparations for the elections, including inviting expressions of interest for vacant leadership positions and appointing scrutineers to oversee the voting process
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However, Aberi argues that allowing the elections to proceed under the current framework would render the petition meaningless because the disputed electoral process would already have taken place
He further maintains that unless the High Court intervenes, graduate members will continue to face exclusion and inequality within the institution’s governance structure despite fulfilling their membership obligations
The petitioner insists that the High Court has the authority to determine constitutional issues and should step in to prevent what he describes as an imminent constitutional crisis within the engineering body
