The High Court on Monday morning quashed a case seeking to block the current Independent Electoral Boundaries Commission (IEBC) commissioners from conducting the repeat presidential election set for October 26th.
While throwing out the application, Justice John Mativo said that the case was lacked legal basis and merit and the orders sought by the petitioners cannot be granted. “In view of my determination of the above issues and finding that the petition is unmerited, I find that there is no legal basis for the court to grant the reliefs sought,” Justice Mativo said.
The judge pointed out that the constitutional and the law had spelt out an elaborate statutory provisions to enforce a breach of the leadership and integrity. The judge further said that article 251 of the constitution clear stipulates the correct procedure for removal of IEBC chairperson and other members from office. He also said that the petitioners argument that Supreme Court indicted the commissioners in its ruling had no basis Petitioner
Brian Asin, Mr Ben Wanasakaami, and Kevin Alwang’a had lodged the petition seeking to have IEBC Chair Wafula Chebukati, Vice Chairperson Consolata Nkatha, commissioners Roselyn Akombe, Abdi Guliye, Margaret Mwachanya, Paul Kurgat, and Boya Molu, as well as CEO Ezra Chiloba, stopped from presiding over the repeat poll ordered by the Supreme Court, arguing that the could not be trusted.
Speaking after the Monday ruling, IEBC lawyer Wambua Kilonzo welcomed the verdict and assured the commission will conduct the election as scheduled. "That is what this court has decided whether parliament changes the law or not this court has clarified the Supreme Court ruling that IEBC commissioners shall oversee the elections on the 26 and that is it," Kilonzo said.