A voter-filed lawsuit attempting to prevent Independent Electoral and Boundaries Commission chairman Wafula Chebukati from overseeing the 2022 General Election and be removed has been dismissed by the High Court.
Samwel Clinton Elijah, a voter, demanded that Mr Chebukati be removed from office for allegedly violating the Constitution and the agency's indictment by the Supreme Court in 2017 for election irregularities.
However, Justice Hedwig Ong'undi ruled that the petition was invalid and ineffective because the court lacked the authority to remove Mr Chebukati from his constitutional post.The right method for removing Mr Chebukati, according to the judge, is to file a petition with the National Assembly outlining the claimed facts that form the basis for removal.
Legislators will next evaluate the petition and, if satisfied with the reasoning, transmit it to the President under Article 251 of the Constitution.
When the President receives a petition, he or she has the authority to suspend the office holder pending the result of the complaint. A tribunal must be appointed by the President to investigate the complaint.
Mr Chebukati's lawyer, Erick Mutua, filed a preliminary objection against the court proceedings, stating that the Constitution provides methods for removing such an office bearer.
Content created and supplied by: CarolineNews (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More