A petition has been filed at the High Court seeking to halt the upcoming elections of the Institution of Engineers of Kenya (IEK) scheduled for March 23, 2026, over claims that the electoral process is discriminatory and unconstitutional.
In an urgent application, graduate engineer Sam Aberi is asking the court to issue temporary conservatory orders stopping the elections and any related preparations until a 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 IEK collects subscription fees from all members but only permits specific categories — Fellows, Corporate Members and Associate Members — to participate in electing the organisation’s leadership.
According to the petitioner, graduate members, despite paying membership fees, are excluded from voting and decision-making processes within the institution.
He contends that this exclusion is discriminatory, arbitrary and unreasonable, and violates constitutional principles on equality and fairness, as well as the rules of natural justice.
The petition also 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 argues are inconsistent with the Constitution of Kenya.
Court documents indicate that the IEK has already begun preparations for the elections, including inviting expressions of interest for vacant positions and appointing scrutineers to oversee the process.
However, Aberi maintains that allowing the elections to proceed under the current framework would render the petition meaningless since the contested process would already have taken place.
He argues that unless the High Court intervenes, graduate members will continue to face exclusion from IEK’s governance despite paying membership fees.
The petitioner further states that the High Court has the jurisdiction to determine constitutional matters and should step in to prevent what he describes as an imminent constitutional crisis within the institution.
Petition Filed to Stop Institution of Engineers of Kenya Elections Over Discrimination Claims
