Blow to NASA as High Court Clears Chiloba,Chebukati To Conduct Fresh Election
The Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati and Chief Executive Officer (CEO) Ezra Chiloba will conduct October 26 repeat election. Also Read:Uhuru, Raila Clash Over Chaos Claims and Repeat Polls
This is after the High Court,on Monday morning cleared them to proceed and oversee the repeat poll.
The court has noted that the two were not found culpable by the supreme court.
The suit seeking to bar Chebukati and Chiloba from conducting the repeat poll as filed by three voters,Ben Wanasakaami, Brian Asin and Kevino Alwanga claiming that IEBC officers lacked integrity to conduct another poll.Similar Content:There Will Be No Election Until IEBC Meets Our Demands-NASA
The three had filed a case at the High Court under certificate of urgency,seeking to bar the Commission from conducting the poll, with the Chairman Wafula Chebukati being the first respondent among the nine others.
All the sis commissiones,the Chief Executive (CEO) and the Attorney General Githu Muigai were also included in the suit.
The petitioners had argued that the commissioners and the CEON Ezra Chiloba are public officers t the IEBC,therefore, should have delivered credible polls as they raised integrity questions. Also See:Ex-Youth Fund Boss Namuye Collapses,Dies In Her Nairobi House
The court dismissed the case on the grounds that it has no legal basis, it was unmerited and the orders sought could not be issued. This means that the chairman and the CEO wilkl still be in charge of the polls on Thursday,October 26.
Justice John Mativo on Monday,October 9,dismissed the case seeking to bar the two from conducting the repeat poll on grounds their integrity is questionable.
Mativo said the Supreme Court which annulled the presidential election on Friday,September 1,did not find Chebukati and Chiloba guilty.
The latest development is a blow to NASA who have been protesting to remove Chiloba and others from office.
NASA has intesified anti-IEBC protests in some parts of the country with the threat to stop the fresh election from happening.Anti-IEBC Protests Turn Tragic Leaving One Dead In Siaya
They wanted the court to issue a conservatory order against Chebukati and Chiloba restraining them from supervising presidential elections.
Elsewhere, parties in the case filed by IEBC will today converge at the Supreme Court as chairman Wafula Chebukati seeks clarification on his role in the repeat presidential poll.
Mr Chebukati wants to know how the commission will treat discrepancies in case they are noted during the verification of presidential results.
Through his lawyer Kamau Karori, Mr Chebukati said there is a confusion in the judgement issued by the apex court on September 20 because judges stated the chairman must verify the results before declaring the winner.Read Also:CS Mailu’s Sack Order Angers Nurses,Demand For His Transfer
He said it was necessary that the court clarify whether he and the commission can correct errors in Forms 34B when the results do not tally or conform with the results captured in Forms 34A.
“Clearly, there was an oversight in the judgment to the extent that the court did not complete its directions on how the 2nd Respondent (the chairman) should handle or treat any discrepancy in the tallies in Forms 34B when compared to the tally of the results in Forms 34A,” Mr Chebukati said in his affidavit.
The commission said there is confusion since the court, quoting the Court of Appeal in the Maina Kiai case, expressly stated that the chairman cannot correct, vary, confirm, alter, modify or adjust the results transmitted to the national tallying centre from the constituency tallying centre.Government Jobs – Kenya Pipeline Company