Case against IEBC commissioners dismissed
High Court has on Monday dismissed a case seeking removal of the electoral commission’s top officials over the nullified August 8 presidential poll, ruling that the petition lacks legal basis.
The three petitioners Brian Asin, Ben Wanasakaami and Kevin Alwang’a wanted the High Court to bar IEBC Chairman Wafula Chebukati, commissioners Consolata Nkatha (vice chairman) Dr Roselyn Akombe, Prof Abdi Guliye, Ambassador Paul Kurgat, Ms Margaret Mwachanya, Boya Molu and chief executive officer, Ezra Chiloba, barred from conducting the fresh presidential poll.
The court further ruled that claims by the three petitioners that the Supreme Court indicted the commissioners in the judgement have no basis. Justice Mativo said that the petition was filed 20 days before the Supreme Court rendered its reasons and faulted it for being premised on “totally incorrect factual basis.”
The judge also declined to issue an order directing the Director of Public Prosecutions, Keriako Tobiko, to make a determination on whether electoral malpractices were committed by the commissioners since the Supreme Court did not order for an investigation.
Justice Mativo said that they were laid down constitutional procedures of removing commissioners and the petitioners failed to follow that route.
The court noted that Article 251 of the Constitution provides a clear procedure of removing the chairperson and members.
“The invitation to this court to invoke its immense jurisdiction under article 165 of the constitution is not inappropriate,” ruled Justice Mativo.
In the case three voters wanted Independent Electoral and Boundaries Commission (IEBC) chief executive Ezra Chiloba and commissioners stopped from overseeing the repeat presidential election.
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