Omtatah fights for Chebukati, remaining IEBC commissioners
What you need to know:
- Mr Omtatah sought prohibitory orders against Parliament or the Attorney-General from compelling the remaining three to leave before a special internal audit of the Sh60 billion is finalised.
He said the resignation of three Independent Electoral and Boundaries Commission commissioners was meant to frustrate the special audit.
Mr Omtatah also asked the court to restrain the respondents from frustrating the chairman and the remaining commissioners from discharging their constitutional mandate.
Activist Okiya Omtatah yesterday filed a case seeking orders to block the removal of electoral commission chairman Wafula Chebukati and the two remaining commissioners.
In the case filed under a certificate of urgency, Mr Omtatah is asking the court to prohibit Parliament from initiating any move to kick out Mr Chebukati and commissioners Abdi Guliye and Boya Molu from office, saying the three can discharge their legal mandate.
He said the move to force the three from office violates Article 236 of the Constitution which prohibits victimisation.
FRUSTRATE
Mr Omtatah sought prohibitory orders against Parliament or the Attorney-General from compelling the remaining three to leave before a special internal audit of the Sh60 billion allocated to the commission is finalised.
He said the resignation of three Independent Electoral and Boundaries Commission commissioners was meant to frustrate the special audit.
The three who resigned were the vice chairperson Consolata Maina and commissioners Margaret Mwachanya and Paul Kurgat, citing lack of confidence in Mr Chebukati’s leadership.
“It is in the overwhelming and compelling public interest that the respondents (IEBC, Parliament and AG) are restrained from doing anything to frustrate or remove the remaining commissioners from office,” said Mr Omtatah.
MEMBERS
Mr Omtatah also asked the court to restrain the respondents from frustrating the chairman and the remaining commissioners from discharging their constitutional mandate.
The activist said Article 250 (1) of the Constitution provides that “each commission shall consist of at least three, but not more than nine, members”. Mr Omtatah said granting the orders will advance justice.
Mr Omtatah says the demand that the three remaining commissioners either resign or be hounded out of office, on grounds that other three commissioners resigned , threatens and violates Article 251(1) which has articulated the grounds upon which a commissioner may be removed.
NULL
Under this article a member may be removed if he or she seriously violates the constitution or any other law including Chapters Six or due to gross misconduct.
He further argues that the IEBC Act 2011 which fixes the quorum at five contravenes both the spirit and letter of Article 250 (1) of the Constitution and therefore that requirement is invalid, null and void ab initio (from the beginning).
Mr Omtatah says the grant of the orders will advance justice.
