IEBC on Tuesday backed a petition by activist Okiya Omtatah seeking to stop the National Assembly from removing the three remaining commissioners; Wafula Chebukati (Chairperson), Abdi Guliye and Boya Molu from office.
In a responding affidavit filed at the High Court’s Constitutional and Human Rights Division, Chebukati supported the application lodged by Omtatah on April 26.
Omtatah wants the court to grant conservatory orders that would stop lawmakers from overhauling the embattled commission.
He argued that a section of the IEBC Act (2011) which sets the quorum for commission plenary sessions at five was unconstitutional.
Omtatah noted that the section was inconsistent with Article 250 (1) of the Constitution which requires the IEBC to have at least three commissioners and a maximum of nine.
[caption caption="Okiya Omtatah"]
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Therefore, according to Omtatah, the commission as currently constituted still meets the constitutional threshold.
The activist wants the court to protect the three remaining commissioners even as he pursues the formal resignation and replacement of others who quit the commission; Margaret Mwachanya, Connie Maina and Paul Kurgat.
Chebukati, on his part, argues that a probe into election-related tenders worth Sh46 Billion could be compromised if the remaining commissioners are ousted.
The decision by Chebukati to suspend IEBC Chief Executive Ezra Chiloba to allow for the probe split the commission down the middle, with the commissioners who resigned citing lack of confidence in his leadership.
Chiloba came out swinging and is in court seeking to have the decision overturned.
[caption caption="IEBC Chairman Wafula Chebukati with suspended CEO Ezra Chiloba"]
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