Mercy Mwai @wangumarci
The Wafula Chebukati-led Independent Electoral and Boundaries Commission is in a dilemma on whether to conduct by-elections for Embakasi South and Ugenya constituencies after incumbent MPs obtained orders from the Supreme Court barring the exercise.
The seats were on Monday declared vacant by the National Assembly Speaker Justin Muturi, who also asked the electoral agency to organise the by-elections.
But yesterday, Embakasi South MP Julius Mawathe and his Ugenya counterpart Christopher Karan, whose poll victories were nullified by the Court of Appeal after successful petitions, confirmed that they had forwarded the court orders barring the mini-polls to Speaker, House Clerk Michael Sialai and IEBC.
The two, who spoke separately, vowed to continue sitting in office until their cases pending at the Supreme Court are heard and determined just a day after Chebukati confirmed that the commission had received writs from Muturi declaring the seats vacant.
“We have received writs from the Speaker of the National Assembly for Ugenya and Embakasi South constituencies and we will commence preparations for by-elections immediately,” said the IEBC chair.
But the duo said they were shocked by the development because they had moved to the Supreme Court to challenge the Court of Appeal’s ruling that nullified their elections citing poll irregularities.
And yesterday Mawathe said he is not aware of any by–election in his constituency, adding that he had obtained orders from the Supreme Court barring the electoral agency from conducting a fresh poll.
Addressing a news conference, Mawathe said he had a meeting with Muturi, Sialai and officers from the commission and served them with the court order.
“The allegations going on that there is a by-election in Embakasi South is false and untrue. As of now there is no by election because we have managed to get orders from the Supreme Court,” he said.
Karan read mischief in the matter saying the commission rushed to prepare for the by-election before establishing if there was any order barring the commission from conducting the poll.