President-Elect William Ruto now wants the Supreme Court to strike out all the affidavits filed by the six IEBC commissioners in the presidential election petition case.
In an application filed in court by Professor Kindiki Kithure, Ruto argues that the commissioners have been enjoined so as to create second-tier petitioners while in truth masquerading as respondents.
He argues that the Pleadings filed by the wrongly enjoined respondents would deprive Ruto of an opportunity to respond to any of the claims which action would violate his inalienable right under Article 25(C).
IEBC is split into two factions pitting Chebukati, Guliye and Molu against Cherera, Wanderi, Massit and Nyang’aya. The latter claim that the August 9 poll was a sham as some aspects of the electoral process were opaque. Claims refuted by the Chebukati-led side who allege the dissenting four who disowned the presidential results connived to subvert the will of the people.
During the declaration, Cherera accompanied by three other commissioners; Justus Nyang’aya, Francis Wanderi and Irene Masit said the results are of opaque nature.
On the other hand, IEBC chairperson Wafula Chebukati has defended himself saying all commissioners were given full access to the presidential results and had a chance to announce them interchangeably for six days.
“As the gazetted National Returning Officer and in the spirit of teamwork, the Chairperson involved all Commissioners including Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit in all activities of verification and tallying.
With the Raila led team petitioning the results, the two commissioners have since submitted affidavits on what happened behind the scenes.
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