Independent Electoral and Boundaries Commission (IEBC) vice-chairperson Consolata Nkatha has been stripped of powers to assume the duties of the commission’s chairman Wafula Chebukati.
Justice Chacha Mwita declared that changes made to election laws by Members of Parliament as unconstitutional.
“The input of the changes meant that the vice chairperson can act in full capacity as the chairperson, including declaring results of a presidential election.
That is impossible and cannot happen, there is no shortcut as the Constitution is very clear on qualification for the chairperson,” ruled Chacha.
The judge further dealt a big blow to the Election Laws (Amendment) Act 2017 by declaring several other sections unconstitutional, including the minimum commissioners required to transact business, manual voting, and transmission of results and threshold of nullifying a presidential election.
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The laws were passed by Jubilee legislators in a process boycotted by NASA as a response to Supreme Court’s decision to annul President Uhuru Kenyatta’s win in the August 8 elections.
But Justice Chacha ruled that it was illegal for the MPs to make changes that take away gains the country has made in strengthening its electoral process.
