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
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
In my own view, there was misapplication of the
law and this might call for a petition at the High
IEBC posted in their Facebook verified Facebook page.
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