Activist Okiya Omtatah on Friday filed a case seeking to bar any attempt by Parliament to remove the three remaining IEBC commissioners from office.
Speaking to Kenyans.co.ke, Omtatah insisted that the resignation of three commissioners does not justify the legislature's motion seeking to remove the remaining ones from office.
"If the other commissioners opted to resign, the MPs should not force the remaining ones to leave office," Omtatah exclaimed.
[caption caption="File image of activist Okiya Omtatah"]
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According to the activist, the Commission as it is now is lawfully and properly constituted pursuant to Article 250 (1) of the Constitution.
"The petitioner posits that it is a matter of huge public interest that the special audit of the IEBC secretariat is conducted to its logical conclusion in accordance with the law,” Omtatah notes in his petition.
IEBC Chairman Wafula Chebukati, and commissioners Boya Molu and Addi Yakub Goliye are the remaining officers.
Omtata told Kenyans.co.ke that the commissioners have not done anything to warrant their removal on the grounds stipulated in Article 251(1) of the constitution.
He added that the operations of the commission are not hampered by the resignation of the four commissioners and any business it conducts in the discharge of its lawful mandate under the Constitution and statue is legitimate and valid in law.
The vibrant lawyer further stated that there is no overwhelming need in law for them to be replaced.
He now wants the court to compel the National Assembly to ensure that the three remaining commissioners are fully facilitated to discharge their mandate under the law.
[caption caption="File image of IEBC Vice Chair Consolata Maina, Commissioners Margaret Mwachanya and Paul Kurgat"]
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