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Wafula Chebukati Hosts Appointed Commissioner Juliana Cherera

IEBC chairman wafula Chebukati Hosts Appointed Commissioner Juliana Cherera, Francis Wandering, Irene Maist and Justus Nyanga'aya to lunch as they stretegize on delivering 2022 General Elections.John M. Nyamai

I find a big disconnect in this ruling .

The commitee agreed on ALL IMPORTANT facts

that Hon. Maneno had met the Constitutional

threshold to vie as independent candidate under

Article 85 of the Constitution by the gazetted

deadline of 4/8/2021.

They further agreed that the failure to deliver his

clearance letters to IEBC so as to gazette his

symbol was as a result of mix up at the office of

the registrar of political parties and was a human

error.

It was surprising how, with these FOUNDATIONAL

findings, the committee turned round to hold that

Hon. Maneno was responsible for the failure by

ORPP to deliver the letters to IEBC even after

agreeing to a mix up at the ORPP.

It is also very surprising how the committee has

elevated the procedural requirements in a Kenya

Gazette above Constitutional provisions in Article

38, 85 and 159 ( 2)d. The constitution is superior

to all other laws. All what Article 85 demands of an

independent candidate is NOT being a member of a

political 90 days prior to an election. Hon. Maneno

had satisfied this and more.

Further, the tribunal ignored authorities from decided

cases by the Supreme Court, the court of appeal

and the High Court on how to treat inadvertent

human errors as well the threshold for clearing

independent candidates.

In my own view, there was misapplication of the

law and this might call for a petition at the High

Court.

IEBC posted in their Facebook verified Facebook page.

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IEBC Irene Maist Juliana Maneno wafula Chebukati

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