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A journalist has petitioned the High Court in Milimani Nairobi to declare the chairperson of the electoral commission Wafula Chebukati and the chief executive officer Marjan Hussein unfit to hold office over alleged violation of the Constitution.
Mr Milton Nyakundi, a voter, also wants court to issue the same declaration against commissioners Boya Molu and Prof Abdi Guliye. He wants them removed from office over alleged gross misconduct in relation to the just-concluded General Election and procurement of the voting materials.
The ouster petition is based on the boardroom wars at the Independent Electoral and Boundaries Commission (IEBC) between Mr Chebukati and the vice chairperson Julian Cherera.
Although removal of a member of a Constitutional commission or of a holder of an independent office on any ground such violation of the Constitution ought to be initiated through the National Assembly, Mr Nyakundi believes court has powers to order for the removal of the commissioners he is targeting.
“I believe that the conduct of Mr Chebukati, Mr Molu, Prof Guliye and Mr Marjan has violated the Constitution, specifically Chapter Six and Articles 81 and 86 as well as other national laws. It cannot be said that the Respondents’ conduct has been in accordance to what is expected of them,” he says.
He alleges that they not only violated the Constitution but also other laws relating to the conduct of State/Public Officers. Hence, that the court should make findings on that question.
He claims that Mr Chebukati acted unilaterally during the tallying and verification of the 2022 presidential election by excluding the other commissioners, making four of them disown the results.
The petitioner is banking on the affidavits filed before the Supreme Court by Ms Cherera and Commissioners Irene Masit, Justus Nyang’aya and Francis Wanderi indicting Mr Chebukati for allegedly excluding them in the tallying and verification of the presidential election votes.
Although removal of a member of a Constitutional commission or of a holder of an independent office on any ground such violation of the Constitution ought to be initiated through the National Assembly, Mr Nyakundi believes court has powers to order for the removal of the commissioners he is targeting.
“I believe that the conduct of Mr Chebukati, Mr Molu, Prof Guliye and Mr Marjan has violated the Constitution, specifically Chapter Six and Articles 81 and 86 as well as other national laws. It cannot be said that the Respondents’ conduct has been in accordance to what is expected of them,” he says.
He alleges that they not only violated the Constitution but also other laws relating to the conduct of State/Public Officers. Hence, that the court should make findings on that question.
He claims that Mr Chebukati acted unilaterally during the tallying and verification of the 2022 presidential election by excluding the other commissioners, making four of them disown the results.
The petitioner is banking on the affidavits filed before the Supreme Court by Ms Cherera and Commissioners Irene Masit, Justus Nyang’aya and Francis Wanderi indicting Mr Chebukati for allegedly excluding them in the tallying and verification of the presidential election votes.