Petition Filed Challenging IEBC's Cherera 4 Ouster

Former IEBC vice chairperson Juliana Cherera addressing the press flanked by ex-commissioner Justus Nyang’aya and commissioners  Irene Masit and Francis Wanderi.
Former IEBC vice chairperson Juliana Cherera addressing the press flanked by ex-commissioners Justus Nyang’aya, Irene Masit and Francis Wanderi.
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Embattled Independent Electoral and Boundaries Commission (IEBC) commissioners have a ray of hope after a petition to stop their ouster was deemed urgent.

Philemon Munjuri, Godfrey Kinoti and Joshua Mwirigi all from Meru County filed the petition at the High Court.

The three-want conservatory orders stopping the tribunal formed to investigate the commissioners from executing its mandate.

undated image of Judiciary entrance of the Supreme Court building in Nairobi, Kenya
The Judiciary building in Nairobi, Kenya
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Judiciary

The four, Juliana Cherera, Irene Masit, Justus Nyang'aya and Francis Wanderi will know their fate on Wednesday, December 14.

This was after Meru High Court Judge Edward Muriithi deemed the petitioned filed to be urgent.

Through her lawyer, Cherera she asked not to be enjoined in the case arguing there was a similar case filed in Nairobi High Court.

“My client will be following the case on her own, not through this litigation and thus requests to be excused from this petition,” Cherera’s lawyer Donald Kipkorir told the court.

Judge Muriithi rejected Cherera’s request ruling that the four commissioners will be enjoined as interested parties.

This is a matter of great urgency, so the court cannot lightly issue orders either stopping the proceedings or in a way that allows the party to leave without taking formal applications and responses,” the judge ruled.

The judge further ordered the three petitioners through their lawyer Kiogora Mugambi to serve the National Assembly, the tribunal and the Attorney General whom they have named as first, second and third respondents respectively.

The judge will deliver his ruling a day before the tribunal starts its sittings on December 15.

“We are going to hear motions filed on Tuesday 13 and give our directions on the following day,” the judge ruled.

Former IEBC Vice Chairperson Juliana Cherera during an IEBC briefing at the Bomas of Kenya on Monday, August 1, 2022..jpg
Former IEBC Vice Chairperson Juliana Cherera during an IEBC briefing at the Bomas of Kenya on Monday, August 1, 2022
IEBC