The Supreme Court has declined to be drawn into the wrangles within the Independent Electoral Commission (IEBC), which led to the fallout between chairperson, Wafula Chebukati and his deputy, Juliana Cherera.
While delivering the ruling, Deputy Chief Justice Philomena Mwilu stated the apex court does not have jurisdiction to determine matters relating to the representation of the electoral commission in the case.
"At the pre-trial conference this morning, the issue of legal representation arose. It is not the business of this court to determine who represents the IEBC in whichever formation. It must be resolved by the IEBC and its commissioners.
"This court will not be drawn into this dispute in these circumstances. The four lawyers are allowed to hire their own lawyers," Mwilu maintained.
The Supreme Court thus struck out an application filed by Issa & Company Advocates seeking to represent the four dissenting commissioners as members of the IEBC.
On August 27, Mwilu stated, the firm of Issa & Company lodged a response purporting to act for IEBC.
IEBC countered with an application on August 29 seeking to strike out an appointment of Issa. The motion was supported by an affidavit filed by Marjan Hussein Marjan, IEBC CEO.
Lawyer Paul Muite is leading the team representing the four - IEBC vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit.
IEBC chairperson Wafula Chebukati, commissioners Abdi Guliye and Boya Mulu are represented by former Attorney General Githu Muigai.
Muigai had argued that only the secretariat through the CEO can procure the services of a lawyer.
Senior Counsel Fred Ngatia who is representing President-elect William Ruto added that the responses filed by the four commissioners ought to have been treated as a new petition.
However, following the Supreme Court ruling, the case is set to proceed with each faction of the IEBC commissioners being represented by their legal teams.
At the same time, the apex court struck out an application by William Ruto's legal team seeking to increase their time allocation during the hearing.
The hearing is set to continue till Monday, September 5, when the verdict will be delivered.
