The ongoing proceedings at the National Assembly's Justice and Legal Affairs Committee (JLAC) hang in the balance after a petition was filed at the High Court seeking orders to stop the hearings.
According to advocate Otieno Diang'a, his petition seeking the removal of Independent Electoral and Boundaries Commission (IEBC) commissioners Wafula Chebukati, Abdi Guliye and Moya Bolu was ignored.
He accused the National Assembly disregarding his petition and opting to act upon the current ouster hearing of IEBC commissioners Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit.
"That on October 25, 2022, I forwarded three petitions to parliament for the removal of Wafula Chebukati, Boya Molu and Abdi Yakub Guliye as Commissioners of the IEBC. Attached are copies of the petitions."
"That the said petitions were received by the National Assembly Main Records Unit where stamps were duly affixed on my copies," read part of the petition.
According to the advocate, the Speaker of the National Assembly, on November 15, 2022, conveyed four petitions for the removal of the commissioners to JLAC but did not include his pleas.
"I am aware that on November 16, 2022, the Clerk of the National Assembly sent four commissioners dated the same day conveying four petitions for the removal of four as commissioners of IEBC to the Departmental Committee on Justice and Legal Affairs (JLAC).
"That the hearings of the petitions before the JLAC commenced on November 24, 2022, without my petitions. That the National Assembly is discriminating me by not including my petitions that were filed prior to the ones under consideration," read part of the petition.
Diang'a argued that alienating his petition contravened the Constitution which advocates for equity and non-discrimination.
"Article 10 of the Constitution establishes rule of law, good governance, equality, human dignity and non-discrimination as some of the principles of governance. I stand to be prejudiced if the removal proceedings are conducted without considering my petitions."
The lawyer stated that the National Assembly's standing orders 230 (4), mandated the departmental committee to investigate the matter and report to the House within 14 days on whether the petitions disclose a ground for removal as stipulated under the law.
"A declaration be and is hereby issued that failure by the First Respondent to forward the three petitions for the removal of Chebukati, Molu and Guliye as IEBC commissioners to the JLAC is discriminatory and unconstitutional.." Diang'a pointed out in his petition.
The four embattled IEBC commissioners were set to plead their cases in the ongoing JLAC hearings beginning Monday, November 28.
Already Azimio members of JLAC boycotted Thursday and Friday sessions, after staging a walkout.
