The High Court has dismissed a case seeking to bar IEBC CEO Ezra Chiloba and commissioners from conducting fresh presidential polls.
Making the ruling, Justice John Mativo stated that "the case has no legal basis, is unmerited and orders sought cannot be issued".
The case had been filed by three voters who asked the court to bar Chiloba, Chairman Wafula Chebukati and commissioners from overseeing the new presidential election on grounds that they bungled the August 8 General Election.
The voters moved to court after the Supreme Court nullified the election of President Uhuru Kenyatta in a successful petition filed by NASA presidential candidate Raila Odinga.
[caption caption="IEBC Chairman Wafula Chebukati and CEO Ezra Chiloba"]
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Chiloba, Chebukati, Consolata Nkatha (vice chairman), and commissioners Roselyn Akombe, Prof Abdi Guliye, Margaret Mwachanya, Paul Kurgat, and Boya Molu had been listed as respondents.
The argument of the three was that the commissioners and Chiloba are public officers at the electoral body, therefore, should have delivered credible poll as they raise integrity questions.
Initially, they wanted the court to issue a conservatory order restraining Chebukati and Chiloba from supervising the presidential election, pending the hearing and determination of the application, but the court did not issue any orders.
Street protests by the Opposition National Super Alliance (NASA) resume Monday in Nairobi and other major towns across the country to push for changes at the electoral commission ahead of the October 26 fresh presidential election.
Security has been beefed up as anti-riot police were placed on standby at various strategic locations to contain any chaos.
[caption caption="Nairobi Woman Representative Esther Passaris"]
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Police said they had been notified by NASA of the planned protests but were yet to receive notification from the Nairobi Business Community, which counters the NASA demonstrations.
NASA is pushing for changes at the IEBC ahead of the fresh poll.
On Friday, Nairobi Woman representative Esther Passaris led tens of supporters in demos, and unlike in the past week, she was able to address journalists outside the IEBC headquarters, where she echoed Odinga’s demands for reforms and removal of several senior officials led by the CEO.
