A voter yesterday filed a suit at the High Court seeking orders to have Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati and the three remaining commissioners resign from office saying the current commission does not meet the constitutional threshold.
Isaiah Biwott Kangwony from Baringo county says the commission as currently constituted and owing to the resignation of three of its members, cannot carry out its duties or undertake any functions or business as the same is contrary to the Constitution.
He says IEBC lacks the requisite quorum to conduct or carry any business and therefore cannot carry out any by-election.
“The current composition of the IEBC is illegal and contrary to the Constitution as it offends the provisions of Article 27 therein owing to the fact that the current composition is made up of persons of the same gender,” reads the papers.
The petitioner says the current composition of IEBC is contrary to the requirement that not more than two –thirds of the members should be of the same gender.
Through lawyer Arnold Ochieng’ Oginga, the petitioner wants the court to halt the by-elections that are to be presided over by the electoral commission. “It is in the interest of justice that the court halts any such activities by the IEBC as decisions and or actions being undertaken by the commission are contrary to the Constitution as read with the IEBC Act, the Election Acts and the Elections regulations Act,” says the petitioner.
The Baringo resident says preparations by IEBC in regard to by-elections to be conducted in Baringo South, Migori and Bobasi Chache are null and void and should be halted.
He claims that if the by-elections will not be halted then the people of Baringo South, Migori and Bobasi Chache would be subjected to sham elections.