In the ongoing presidential election petition hearing at the Supreme Court, Justice Philomena Mwilu on Thursday September 1 wanted to know why the IEBC's 4 dissenting commissioners walked out before the announcement of the presidential election results.
In a follow-up question, Justice Mwilu pressed the Commission's legal team to explain the roles of commissioners according to Article 140 of the 2010 Constitution.
Article 140 of the constitution questions as to the validity of the presidential election. Also, it highlights the timelines for filing a petition at the Supreme Court challenging the presidential election results.
Based on the same Article, Justice Mwilu further asked the Prof Githu Muigai-led team to elaborate on the implication of the four walking out of the Bomas of Kenya to hold a simultaneous press conference led by Vice IEBC Chairperson Juliana Cherera.
"Comment on whether or not the walking away of the four commissioners almost at the same time as the chairperson was about to declare the results and how was it timed that they would be walking out of Bomas to Serena to allow each group to address Kenyans at the same time. Does it mean anything under Article 140," she posed.
The four commissioners, Juliana Cherera, Irene Massit, Justus Nyang'aya, and Francis Wanderi held a meeting at a hotel minutes before IEBC Chairperson Wafula Chebukati announced the presidential election results.
The Deputy Chief Justice stated that, when media houses displayed split screens, she thought that the two factions had different presidential election results.
Additionally, the role of the commission under Article 81 (e) was put into question by the member of the seven-judge bench. The DCJ highlighted the issue raised that Azimio did not have agents in some polling stations.
According to Article 81 (e), the commission is responsible to oversee a free and fair election. This is by being transparent, impartial and acting as an independent body.
Conclusively, Justice Mwilu further sought answers as to whether the results of the postponed elections in various areas affected the outcome of the presidential election.
Feeling the weight of the questions, the team represented by Senior Counsel Prof Muigai asked for more time to provide concrete responses.
Chief Justice Martha Koome granted his prayers, allowing them to address the pertinent issues raised on Friday, September 2.
