IEBC-representation-an-internal-matter
Supreme Court strikes out appointment of IEBC lawyers by Cherera team
The Supreme Court has struck out the nomination of lawyers to represent the Independent Electoral and Boundaries Commission by one faction of the Commissioners. Four Commissioners – Vice Chair Juliana Cherera and Francis Wanderi, Justus Nyang’aya and Irene Masit – had appointed lawyers to represent IEBC in the presidential petition.
However, during the opening of the pre-trial conference on Tuesday morning, former Attorney General Githu Muigai raised an issue with the appointment. Muigai raised the issue by saying that the Commissioners are engaged in illegality as the Secretariat through the CEO can procure a lawyer’s services.
Muigai is representing IEBC as well as its chairman Wafula Chebukati.
“We allow the application dated August 29, 2022. That is to say, the notice of appointment filed by Issa and Co. Advocates is struck out,” Supreme Court vice-president Philomena Mwilu.
Curiously, Mwilu while reading the ruling said that the conundrum surrounding the Independent Electoral and Boundaries Commission will have to be dealt with by the IEBC itself.
“This court cannot deal with any issue or any dispute as to the legal representation of IEBC as an institution on this petition. It’s not the court’s business to determine who represents the IEBC in whatever formation,” Mwilu said.
Mwilu further said the matter is an internal issue that must be resolved by the IEBC, its commissioners, and other internal organs.
“This court will not be drawn into this dispute in these circumstances. The court will allow the IEBC commissioners to employ the services of Paul Muite and Issa Mansur and Advocates if they deem it necessary,” Mwilu said.
Cherera, Wanderi, Nyang’aya and Masit all who raised issues with the final phase of verifying the presidential election results claiming it was not transparent.
The court also declined the application by President-elect William Ruto and Deputy President-elect Rigathi Gachagua, who are respondents in the electoral petitions, seeking additional time to address the court.
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