Activist Okiya Omtata sues three IEBC commissioners who resigned recently

IEBC commissioners from left Paul Kurgat , Margaret Mwachana and Consolata Maina addreses members of press. The three announced their resignation 16/4/2018 [Photo/George Njunge /Standard]

Activist Okiya Omtata has sued three electoral commissioners who resigned last week.

Mr Omtatah wants former Independent Electoral and Boundaries Commission (IEBC) vice chairperson Consolata Maina, Commissioners Paul Kurgat and Margaret Mwachanya compelled to surrender public assets from the agency and other State organs.

“Pending the inter-parte hearing and determination of this petition, court be pleased to issue orders prohibiting IEBC from proceeding to pay or advance any benefits to the officials,” said Omtatah.

He claims that the Commissioners have not formally written to the president or to the IEBC tendering their resignations and they continue to draw salaries and enjoy other benefits that comes with IEBC office.

“The Commissioners continued earning of salaries while they are not reporting on duty violates clear provisions of the law constitution,” said Omtatah

He claims that failure by the respondents to formally resign from office and hand over public assets to IEBC have made it impossible for the authorities to announce vacancies in their offices and to commence the process of recruiting and appointing their replacements.

“It will be difficult to recover public resources expended on the officials since April 16, 2018 unless the orders sought are issued,” said Omtata