The fate of whether IEBC Chairman Wafula Chebukati, Commissioners and CEO Ezra Chiloba will handle the presidential election will be known next week when the court will issue its final ruling regarding the matter.
This comes after the High Court Judge John Mativo heard submissions from the parties in a case where three voters Brian Asin, Ben Wanasakaami and Kevin Alwang’a are seeking to stop the electoral officials from handling the repeat poll.
IEBC lawyer Wambua Kilonzo defended the Commission asking the court to dismiss the case on the grounds that the High Court has no jurisdiction to hear and determine the case.
“This petition must fail on the basis of jurisdiction. The petitioners are in the wrong court,” IEBC submitted.
The lawyer argued that the removal of the agency's top officials would jeopardize the upcoming election.
He clarified that the only way the top IEBC officials could be removed from office is through a petition filed before Parliament and a special tribunal appointed by the President to investigate the commissioners.
Another IEBC lawyer, Evans Monari, stated that the Commission must be allowed to do its work 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.
In the case filed a month ago, the three petitioners argued that as state officers, the commissioners, Chebukati and Chiloba ought to have delivered a credible election but failed to do so.
They urged the court to issue an urgent order restraining the Commissioners or their agents from getting involved with the presidential election pending determination of the case.
