Hours after the Supreme Court delivered a landmark determination invalidating the presidential election and Chief Justice David Maraga ordering the electoral body to conduct fresh polls within 60 days, three petitioners want it barred from the exercise.
Seeking to bar
The Independent Electoral and Boundaries Commission (IEBC) was cited for being in breach of the Constitution in conducting the polls.
And Brian Asin, Ben Wanasakaami and Kevino Alwanga have filed a case at the High Court under certificate of urgency, seeking to bar the commission from conducting the poll, with the Chairman Wafula Chebukati being the first respondent among nine others.
All the six commissioners, the Chief Executive Officer (CEO) and Attorney General Githu Muigai are also included in the suit.
The petitioners have argued that the commissioners and CEO Ezra Chiloba are public officers at IEBC, therefore, should have delivered credible polls as they raise integrity questions. They want the court to issue a conservatory order against Chebukati and Chiloba, either by themselves and or their agents, restraining them from supervising the presidential elections, pending the hearing and determination of the application.
“The court should issue conservatory order restraining the commissioners from assuming duties pending the hearing and its determination. The matter is of utmost urgency and should be placed before the duty Judge at the earliest opportune time,” they say.