Embattled IEBC commissioners led by their Chairman Wafula Chebukati and CEO Ezra Chiloba have a reason to smile after the High Court dismissed an application seeking to ouster them out of office.
In his Monday ruling, Justice John Mativo said the case by three voters was untimely, since it was filed even before the Supreme Court gave its detailed verdict on the annulment of August 8th presidential election petition.
According to Justice Mativo, the Supreme Court did not find any of the IEBC commissioners culpable of bungling the August 8th elections.
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The three applicant of the case were identified by The Daily Nation as Mr Brian Asin, Mr Ben Wanasakaami, and Kevin Alwang’a.
The seven-bench judges nullified President Uhuru Kenyatta’s win of August 8th elections on grounds of systemic illegalities and gross electoral irregularities.
The three voters argued that having bungled the presidential elections, the IEBC commissioners had been indicted and did not qualify to manage another election.
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However Justice Mativo said that the allegations that the Supreme Court indicted the IEBC officials had no legal basis and the application was therefore null and void.
“Clearly, the Supreme Court did not indict the first to eight respondents as alleged nor did it find either of them criminally culpable,” Justice Mativo said as quoted by the Daily Nation.
The high court’s decision is a blow to the NASA coalition who have since sought redress on the streets with demos meant to coerce the IEBC commissioner out of office.
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