With Independent electoral and boundary commission ( IEBC) chairman Wafula Chebukati and commissioners Boya Molu and professor Guliye expected to exit IEBC office on 17 January, lawyer Dunstan Omari has weighed in on what might happen to prevent the commission's operations from ceasing.
Speaking via the Standard, the constitutional lawyer Dunstan Omari asserted that a constitutional crisis can never happen following the resignation of ' Cherera Four' and therefore IEBC chairman Wafula Chebukati might still be recalled even after his retirement.
According to him, Chebukati might continue to hold the office through an advisory from the Supreme Court as the constitution does not conceive a vacuum of power.
" If there is a crisis, the law of perpetuity of government will prevail. They ( the commissioners) will be recalled and proceed to discharge their mandate. There can never be a constitutional crisis", he said.
This comes off following the resignation of IEBC Vice-Chairperson Juliana Cherera who could have been in charge of leading other commissioners namely Irene Masit, Francis Wanderi, and Justus Nyang'aya who were appointed by retired President Uhuru Kenyatta on 2nd September 2021.
Cherera and the team were suspended by President William Ruto who formed an Aggrey Muchelule led tribunal that was given the mandate to probe them.
They were accused of being incompetent during the August presidential election as well misusing the constitution by disowning presidential results in favour of Azimio la Umoja one Kenya Coalition presidential candidate Raila Odinga.
Meanwhile, despite being issued with resignation letters from Wafula Chebukati, Boya Molu and Professor Abdi Guliye, Ruto is yet to declare the offices vacant but we will have to wait and see what happens next.
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