Two IEK Governance Petitions Withdrawn as Fresh Election Case Keeps Council Polls on Hold

Two High Court petitions that have shaped the Institution of Engineers of Kenya's (IEK) governance dispute were formally withdrawn on Tuesday, July 28, before Hon. Lady Justice Patricia Mande Nyaundi, SC, at the Milimani High Court.

The petitions were HCCHRPET/E853/2025, filed by Dennis Barongo against the Institution of Engineers of Kenya and the Registrar of Societies over the 2025 constitutional amendments, and HCCHRPETMISC/E031/2026, a miscellaneous application arising from the wider constitutional dispute over the IEK Constitution, 2015.

The matters were withdrawn pursuant to resolutions ratified by members during a Special General Meeting (SGM) held at the United Kenya Club in May 21. The court made no order as to costs, bringing both matters to a close without any costs being awarded against the Institution.

The Barongo issue

Barongo's petition challenged the 2025 amendments to the IEK Constitution, which had been approved by the Registrar of Societies.

During the SGM, members resolved to revoke those amendments and continue operating under the IEK Constitution, 2015. They also agreed that the delayed council elections should proceed under the 2015 Constitution. The caretaker committee that currently runs IEK activities after the outgoing Council's term elapsed was also constituted in the same meeting.

Those resolutions effectively removed the issues at the centre of Barongo's petition, paving the way for its withdrawal.

Why the Aberi matter appears twice

Aberi's substantive case, Petition E009 of 2026, challenged provisions of the IEK Constitution, 2015, arguing that graduate engineers, despite making up a significant proportion of the Institution's membership and paying subscriptions, were unfairly denied voting rights, representation and opportunities to contest leadership positions.

While the substantive petition was pending, a related miscellaneous application, HCCHRPETMISC/E031/2026, was filed alleging that IEK had attempted to circumvent earlier conservatory orders freezing the elections by convening a Special General Meeting on May 21, 2026. Justice Bahati Mwamuye subsequently issued interim orders staying and quashing resolutions passed at that meeting pending further directions.

On June 17, 2026, Hon. Lady Justice Dorah Chepkwony delivered judgment in the substantive Kiambu petition, finding the constitutional challenge lacked merit. The judgment resolved the principal constitutional issues and effectively superseded the interim conservatory framework created through the miscellaneous application.

Following the subsequent SGM, where members abandoned the disputed 2025 constitutional amendments and reverted to the 2015 Constitution, the issues remaining in HCCHRPETMISC/E031/2026 were overtaken by events, leading to its withdrawal before Justice Nyaundi.

Fresh petition halts elections again

Although the withdrawal of the two petitions resolves significant aspects of IEK's governance dispute, members are still unable to elect a new council.

Fresh elections scheduled for July 27 were halted after Eng. Musa Kulubi Osieko obtained interim orders in HCCHRPET/E480/2026, restraining election scrutineers from opening balloting, conducting, progressing or finalising the 2026–2028 IEK Council elections pending further directions from the court.

Osieko is challenging the election process, arguing that a motion he submitted ahead of the aborted Annual General Meeting was not considered. He is seeking orders stopping the current election process, cancelling the scheduled poll and requiring a fresh electoral process.

When the matter came up for hearing on July 27, the High Court allowed 23 candidates to join the proceedings as interested parties. IEK raised a preliminary objection, arguing that election disputes should first be handled through the Institution's internal dispute resolution mechanisms before reaching the courts.

The court directed parties to file written submissions within 24 hours and scheduled a ruling for July 31, with the interim orders remaining in force until then.

The latest petition has also sparked speculation within sections of the engineering fraternity, with some members questioning whether interests beyond the petitioner could be influencing the renewed legal challenge. Those claims remain unverified.

As engineers await Friday's ruling, many are now questioning how long the Institution's prolonged governance and election disputes will continue before a new council can finally be elected. Surely, this cannot continue when the engineering profession is facing existential issues threats that ought to be given higher priority.

Following Tuesday's proceedings, appreciation was also expressed to Hon. Lady Justice Patricia Mande Nyaundi, SC, for her conduct throughout the proceedings. She was commended for her humility, professionalism and command of the law, with her handling of the matters described as reinforcing confidence in the administration of justice.

All updates on the dispute will be available on Mjengo Hub.