Theย Supreme Court has dismissedย responses filed on behalf of the electoral agency byย four commissioners led by vice chair Juliana Cherera, delivering an early win for chair Wafula Chebukati.
Speaking Tuesday during the second session of the 2022 presidential election petition pretrial conference at theย Milimani Law Courts, Deputy Chief Justiceย Philomena Mwiluย said the court will take formerย Attorney-General Profย Githu Muigai, who is representing the Chebukati faction,ย to beย the lawyer representing theย Independent Electoral and Boundaries Commission (IEBC)ย in the matter.
The Juliana Cherera-led faction had frontedย Senior Counsel Paul Muite as the IEBC’s lawyer.
But in the afternoon, the court delivered a blow to the four commissioners — Ms Cherera,ย Ms Irene Masit, Mr Justus Nyang’aya andย Mr Francis Wanderi — whileย clarifyingย that they are free to retain the services of Mr Muite and Issa Mansur for the duration of the case.
In the morning session, both lawyers had assertedย that they represent IEBC in the presidential petition filed by Azimio leaderย Raila Odinga.
The Cherera-led faction had filed a response on behalf of the IEBC that calledย for a nullification of the Presidential election results thatย declaredย William Ruto the President-elect.
In an initial reading of the court’s decision, DCJ Mwilu hadย asked the electoral agency’sย warring commissionersย to resolve their internal wrangles outside the court. Msย Mwiluย had said the court will not wade into the matter of deciding which lawyer will represent the IEBC.
“This court cannot deal with the issue or any dispute as to the legal representation of the IEBC. It is not the business of the court to determine who represents the IEBC,” she said.
“That is an internal issue that must be resolved by the IEBC internally,” DCJ Mwilu added.
However, the DCJ walked back on this moments later and asked those in court to ignore what she’d just said. She then issued the court’s decision that Prof Muigai would be recognised as the electoral agency’s lawyer.
Deepening wrangles
IEBC is deeply divided with two sides emerging since Mr Chebukatiย declaredย William Ruto the President-elect. The first is the chair’s faction consisting of Prof Abdi Guliye,ย Mr Boya Molu and CEOย Marjan Hussein Marjan, while the second consists of Ms Cherera,ย Ms Irene Masit, Mr Justus Nyang’aya andย Mr Francis Wanderi.
The second faction, which disowned the presidential election results that saw Dr Ruto declared the winner, hadย also sought to have its own representation at the Supreme Court led by Mr Muite.
Source-https://nation.africa/
Chebukati Wins Round One Against Cherera faction At Supreme Court
