IEBC commissioners who resigned still in office, High Court rules

By Dzuya Walter For Citizen Digital

Updated on: August 10, 2018 12:16 (EAT),

IEBC commissioners who resigned still in office, High Court rules — IEBC Vice Chair Consolata Nkatha (Right) and commissioners - Margaret Mwachanya and Paul Kurgat during a press address where they announced their resignation on April 16, 2018. PHOTO| COURTESY

In Summary

In his ruling Justice Wilfrida Okwany indicated that the IEBC commissioners just tendered their resignation via a press statement instead on writing a letter to the appointing authority.
While dismissing the case challenging the IEBC quorum, Justice Okwany said due to the above anomaly, the commissioners were still in office since they failed to render their resignation to President Uhuru Kenyatta.
The Court now says that their resignation does not affect the composition of poll body.

The High Court in Nairobi has invalidated the resignation of four IEBC commissioners saying that they failed to follow the proper procedures when they stepped down.

In his ruling, Justice Wilfrida Okwany indicated that the Independent Electoral and Boundaries Commission commissioners just tendered their resignation via a press statement instead on writing to the appointing authority.

While dismissing the case challenging the IEBC quorum, Justice Okwany said due to the above anomaly, the commissioners were still in office since they failed to render their resignation to President Uhuru Kenyatta.

The court now says that their resignation does not affect the composition of IEBC.

The ruling now gives the electoral body the green light to conduct the hotly contested Migori senatoral seat slated for October 17, 2018.

In April 17, 2018, IEBC Vice-chairperson Connie Nkatha Maina, Commissioners Margaret Mwachanya and Paul Kurgat resigned, citing lack of confidence in the commission.

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This left IEBC Chairman Wafula Chebukati and commissioners; Boya Molu and Abdi Yakub Goliye.

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