The High Court has temporarily halted enforcement of resolutions adopted during a Special General Meeting (SGM) of the Institution of Engineers of Kenya held on May 21, 2026, pending consideration of a legal challenge questioning the meeting’s validity.
Justice Bahati Mwamuye granted emergency conservatory orders following an urgent petition submitted by engineer Sam Aberi Okemwa, who is challenging actions taken during the gathering and their effect on an ongoing constitutional case.
The court issued temporary orders suspending and nullifying the proceedings and resolutions of the SGM and directed respondents, interested parties, their representatives and officers against implementing or executing any resolutions passed during the meeting until the case is heard with all parties present.
The applicant was instructed to immediately serve all parties with the petition and supporting documents and submit an affidavit of service by June 5, 2026.
Justice Mwamuye further specified that the petition should be presented to Justice Dorah Chepkwony, who is already managing the main constitutional case and is expected to deliver a ruling on the matter. The case will be mentioned before Justice Chepkwony on June 10, 2026, for further instructions.
In his petition, Okemwa asserts that the SGM was organized and conducted in breach of conservatory orders issued by Justice Chepkwony on March 13, 2026, which had suspended IEK elections scheduled for March 23 pending resolution of a constitutional petition.
The legal challenge targets several provisions of the IEK Constitution 2015, including clauses allegedly preventing graduate engineers from voting, securing council representation, and participating in the institution’s governance structures. The petitioner states that graduate engineers comprise approximately 54 percent of IEK’s membership.
Okemwa maintains that despite the court orders in place, IEK proceeded with the May 21 SGM and addressed matters directly related to leadership succession and governance issues already under judicial consideration.
He contends that a resolution passed during the meeting intending to communicate an agreed leadership transition plan to the Registrar of Societies and the courts represented an effort to bypass judicial processes and undermine court authority.
The petitioner additionally seeks orders invalidating all resolutions, decisions, and outcomes resulting from the SGM, arguing that implementation of these resolutions would create an accomplished fact and render the pending petition meaningless.
He is also requesting orders reversing a letter issued by the Registrar of Societies that purportedly recognized or validated the SGM outcomes, asserting that the registrar exceeded the powers granted under the Societies Act.
Furthermore, the petitioner wants the court to direct that the IEK Council serving before the March 13 ruling continues in office until the constitutional petition is resolved.
The court’s temporary orders will remain effective until further instructions when the matter is addressed before Justice Chepkwony on June 10, 2026.