Chebukati opposes bid to stop three by-elections

IEBC chairman Wafula Chebukati has opposed an application filed by a petitioner seeking to halt preparations for by-elections in three counties.

The voter, Isaiah Biwott Kangwony, moved to court claiming that following the resignation of four commissioners, IEBC is not properly constituted to manage an election.

According to Chebukati, the issue of quorum will only come into play when plenary needs to sit and not when conducting by-elections.

Chebukati argues that conducting by-elections is not an initiative of the commission but is initiated by the respective Parliament/ County Assembly Speaker in writing to IEBC informing the commission of any vacancy.

“A by-election is a statutory time bound, therefore elections are not conducted because of a decision of the commissioners but are conducted because of statutory set down timelines,” says the IEBC boss in his response to the petition.

Chebukati has asked the court to dismiss the case claiming that IEBC is lawfully and properly constituted pursuant to the constitution.

He argues that the resignation of four commissioners does not hamper operations of the commission or any business the electoral body conducts within its legal mandate.

“There is no overwhelming need in law for the four commissioners who resigned to be replaced,” says Chebukati.

The chairman says that the petitioner ought to have filed for judicial review to compel the public bodies entrusted with appointing commissioners to fill in the vacancies as opposed to stopping by-elections that have been occasioned either by death of the respective members or by the nullification of the election by court.

“It is instructive to note that the role of appointing the commissioners to fill in vacancies does not lie with the remaining commissioners but resides with the president, the Public Service Commission and the National Assembly,” adds Chebukati.

The three by-elections are scheduled take place on August 17 in Baringo South (parliamentary), North Kadem (ward) and in Bobasi Chache (ward).

According to the petitioner, presiding and holding by-elections in these areas would be illegal since four commissioners from IEBC are out of office.