The Court of Appeal registrar has dismissed claims that a panel of judges did not sit to suspend Judge George Odunga's decision that the Independent Electoral and Boundaries Commission (IEBC) appointed Returning Officers illegally.
The registrar confirmed that 3 judges sat to dismiss Odunga's ruling, contrary to earlier reports that it was a decision made by one judge.
A day to the October 26 election, Justice Odunga ruled that the appointment of the returning officers in all the 291 constituencies—including the diaspora— was outside the law, a decision that threatened to throw the country into confusion.
[caption caption="Justice George Odunga"]
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IEBC, aggrieved with the decision, filed an appeal under a certificate of urgency on grounds the ruling would have rendered the repeat poll an exercise in vain.
The commission argued that the decision would have occasioned a constitutional crisis since the polls had to be done within 60 days as ruled by the Supreme Court on September 1.
Justices Erastus Githingi, Martha Koome and Fatuma Sichale then granted IEBC orders to proceed with the election although members of the opposition raised doubt that the decision was not unanimous and was only made by one judge.
"For the avoidance of doubt, this order means that the constitutional and statutory functions of the returning officers and their deputies relating to the presidential election slated for October 26 are not invalid," read the order by the Court of Appeal.
"Having listened to counsel and having read the motion, this court has jurisdiction to grant exparte orders in prevailing circumstances and particularly to forestall a constitutional crisis pending the inter-parties hearing," the judges ruled.
"The impugned decision of the High Court has the potential of rendering the presidential election irregular even before they are held," the orders read in part.
The Court of Appeal set aside Odunga's declaration stating that the returning officers were in office legally.
[caption caption="Justice Martha Koome"]
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