Kenya will know by next week Wednesday whether IEBC Commissioners can or cannot conduct the repeat presidential election slated October 26.
High Court Judge John Mativo will give his decision which can alter the whole election process.
He presided over a case where three voters are seeking to stop the Independent Electoral and Boundaries Commission (IEBC) Chief Executive Ezra Chiloba and other commissioners from overseeing the repeat presidential election.
Brian Asin, Ben Wanasakaami, and Kevin Alwang’a told the court that the integrity of the IEBC officials to hold credible elections is in question.
They say that they failed to conduct the August 8th General Election in accordance with the constitution and therefore should be barred from conducting the fresh presidential election.
However IEBC asked the court to dismiss the case saying that the court has no jurisdiction to hear and determine it.
“This petition must fail on the basis of jurisdiction. The petitioners are in the wrong court,”claimed IEBC
Lawyer Wambua Kilonzo submitted that If the commissioners and its chair are removed from office the conduct of the repeat of presidential election will be impractical, not possible to be conducted.
The commission argued that the powers of the court can be invoked when the petition has been filed at the parliament and president has appointed a tribunal to investigate the commissioners.
“As it is now there’s no complaint nor a tribunal .This case is premature,” he told the court.
“The petitioner attempt to blame in particular the allegations that the commissioners committed culpable criminal offence is not based on any cogent evidence and allegations is premature assumption of the expected reasoned judgement of supreme court” submitted Lawyer Kilonzo.
He added that there was no evidence produced by the petitioner to support the allegations that the commissioners committed any offence.
He argued if any conservatory order is issued it will lead to a constitutional crisis.
“Any orders that have effect of incapacitating the 1 to 7 respondent will result in vacancies to the position of the commission in a manner not contemplated in the constitution” said Kilonzo.
The judge heard that, the petition was filed to tarnish the names and the reputation of the commissioners with the view of eroding the public confidence they hold in execution of their constitutional mandate .
He urged the court to dismiss the petition since it is intended to derail the preparation for the coming presidential election.
Evans Monari for IEBC said that the commission must be allowed to do its work/business without fear.
“If you will grant orders sought by the petitioners then you will have taken the powers of the tribunal ,executive and parliament,” Monari said.
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