Supreme court cannot interfere in IEBC's internal dispute, DCJ Mwilu says

Deputy Chief Justice Philomena Mwilu. [File, Standard]

Supreme Court has struck out a notice of appointment and pleadings filed by lawyers representing the four dissenting commissioners at the Independent Electoral and Boundaries Commission (IEBC).

In its verdict hours after the issue came up during the pre-trial conference, Deputy Chief Justice Philomena Mwilu averred that the court would not be drawn into the commission's internal dispute.

"We have considered all pleadings filed by the two parties. However, we cannot deal with internal disputes on the legal representation of the commission at the court. It is not the business of the court to determine who represents the IEBC. It is an internal issue which can be solved internally. The court cannot be drawn into this dispute," DCJ Mwilu ruled.

"Therefore, the court strikes out the notice of applications and pleadings filed by Issa Mansur. (lawyer representing the four commissioners). The four commissioners can use the services of Paul Muite and Issa Mansur if they deem it necessary in this proceedings," she added.

The four: Juliana Cherera, Justus Nyang'aya, Francis Wanderi and Irene Masit, dissociated themselves from IEBC's presidential election results announced by Wafula Chebukati, citing 'opaqueness' in the final tally.

At the pre-trial conference earlier Tuesday, IEBC and Wafula Chebukati's lawyers raised the issue of representation of the four commissioners.

This was hours after the apex court dismissed William Ruto's application seeking to throw out individual commissioners from the case.

The matter was backed by Paul Muite, one of the lawyers representing the four commissioners, who asked the court for directions.

"On the correct team of lawyers legitimately representing IEBC, the court is aware of applications filed last night responding to same issue. I suggest the court gives direction on the same," Muite said.

"Githu Muigai and Kamau Karori (representing IEBC) have filed pleadings on behalf of the commission. My colleague Issa Mansur has also filed on behalf of the commission. We rely on a resolution by four of seven commissioners," he added.

Muite argued that in absence of a consensus, decisions are by majority.

"We are legitimately representing the commission. Our colleagues filed the applications by instructions of CEO Marjan Hussein, which he gets from the commission," he said.

On the other hand, Githu Muigai sought to strike out pleadings by Issa Mansur, one of the lawyers representing the Cherera-led team.

He argued that the four commissioners have committed a criminal offence.

"IEBC filed an application on August 29 seeking to strike out pleadings by Issa Mansur. The application is still pending. It is not the work of the commission to procure services against it," Muigai averred.

While giving his input, Senior Counsel James Orengo also urged the court to respond to the IEBC pleadings, which had been filed late, the previous night.

Omtatah's lawyer SC Ojienda urged the court to listen to all factions to enable the judges to give an informed verdict.