Following the Supreme Court verdict on Monday, September 5, Ex-K24 journalist Milton Nyakundi has filed a petition at the High Court seeking IEBC Chairperson Wafula Chebukati to be declared unfit to hold office.
In his petition, Nyakundi also asked the court to blacklist IEBC Chief Executive Officer Hussein Marjan, Commissioners Abdi Guliye and Boya Molu for their alleged gross misconduct in the general election.
In addition, Nyakundi argued that the four should be prevented from accessing their offices until a verdict is made by the High Court.
The sports journalist has relied on several affidavits filed by the dissenting four commissioners led by the commission's Vice-Chairperson Juliana Cherera.
According to Nyakundi, if Chebukati is declared unfit, there will be no vacuum in the electoral body. Cherera, the Vice Chairperson will assume the chairperson's position under Section 7A (4) of the IEBC Act.
In the section, the Vice Chairperson is allowed to act as the Chairperson until a new chairperson is appointed.
“There exists sound and effective administrative structures to ensure the functions of Marjan are performed for the duration he is not allowed to access his office,” Nyakundi explained.
Nyakundi argued that Chebukati and the three went against the Constitution in the concluded August 9 polls in relation to the acquisition of voting materials and allocation of contracts to foreign firms.
Furthermore, Nyakundi has demanded the commission publicizes all contracts for the procurement of printing election materials including ballot papers and other relevant election materials.
He also poked holes into how Smartmatic International was selected without public input. He urged that the foreign firm had triggered election postponement in Nigeria.
"When Chebukati, Marjan, Molu, and Guliye awarded the foreign firms tenders to supply election materials and technology during the election without the input of the other four commissioners, they violated the Fair Administrative Action Act," Nyakundi added.
Nyakundi served in various media houses in the country including Kenya Broadcasting Corporation (KBC), and MediaMax. Also, he is currently the Managing Director at Kurunzi News.
Nyakundi the veteran sports journalist had also vied for the Football Kenya Federation (FKF) presidency position earlier in 2022 after the former president Nick Mwendwa resigned.