
The High Court has temporarily blocked the Institution of Engineers of Kenya from implementing resolutions passed during a Special General Meeting held on May 21, 2026, after a graduate engineer challenged the legality of the meeting.
Justice Bahati Mwamuye issued interim conservatory orders in favour of engineer Sam Aberi Okemwa, who argues that the SGM was convened and conducted in defiance of earlier court orders suspending IEK elections and preserving the institution’s leadership dispute.
The judge stayed the proceedings and resolutions of the SGM and restrained IEK officials, interested parties, their agents and representatives from implementing, enforcing or acting on any decision made during the meeting until the application is heard inter partes.
Okemwa was directed to immediately serve all parties with the application and supporting documents and file an affidavit of service by June 5, 2026.
Justice Mwamuye also ordered that the application be placed before Justice Dorah Chepkwony, who is already handling the substantive constitutional petition touching on IEK’s leadership and governance structure.
The matter will be mentioned before Justice Chepkwony on June 10, 2026, for further directions.
In his application, Okemwa argues that the May 21 SGM was held despite conservatory orders issued by Justice Chepkwony on March 13, 2026, stopping IEK elections that had been scheduled for March 23 pending determination of the petition.
The petition challenges several provisions of the IEK Constitution 2015, including clauses that allegedly lock out graduate engineers from voting, representation on the council and meaningful participation in the institution’s governance.
According to Okemwa, graduate engineers make up about 54 percent of IEK’s membership, yet they are allegedly excluded from key decision-making organs.
He contends that IEK proceeded with the SGM and deliberated on leadership succession and governance matters that are already before the court.
The petitioner says one of the resolutions adopted during the meeting sought to communicate an agreed leadership transition plan to the Registrar of Societies and the courts, a move he argues was an attempt to overtake the pending case and undermine judicial authority.
Okemwa argues that allowing the resolutions to take effect would create a fait accompli and render the constitutional petition meaningless.
He now wants the court to nullify all resolutions, decisions and outcomes arising from the SGM.
The petitioner is also seeking orders setting aside a letter allegedly issued by the Registrar of Societies recognising or validating the outcome of the SGM, arguing that the registrar acted outside the powers granted under the Societies Act.
Additionally, Okemwa wants the court to affirm that the IEK Council that was in office before the March 13 ruling remains in office until the constitutional petition is heard and determined.
The interim orders will remain in force pending further directions when the matter comes up before Justice Chepkwony on June 10, 2026.