Court declines to be drawn into IEBC fights

The judges, however, allowed an application filed by one faction, led by Chairman Wafula Chebukati, to strike out the notice of appointment of lawyers by the other faction, led by Vice-chairperson Juliana Cherera.

They also directed that documents that had been filed in court by lawyer Issa Mansur, who had been appointed by the Cherera faction, be struck out of the records.

"We allow the application to strike out the notice of appointment and the documents filed by the law firms. The four commissioners are however at liberty to appoint the law firms to act for them," ruled the judges.

The judges made the ruling after the boardroom wars between the electoral commissioners played out at the Supreme Court Tuesday, August 30, as each faction appointed their own advocates to represent the commission.

Whereas the faction led by Chebukati appointed former Attorney General Githu Muigai, Kamau Karori and Eric Gumbo, the other faction led by Cherera had Senior Counsel Paul Muite and Issa Mansur representing the commission.

Trouble started when Prof Githu introduced his team of lawyers, stating that they had been appointed to represent IEBC and Mr Chebukati.

The Supreme Court. [Boniface Okendo, Standard]

But Mr Muite objected to the representation, arguing that a majority of four commissioners comprising Cherera, Irene Masit, Justus Nyang'aya and Francis Wanderi, had passed a resolution to appoint them as the commission's lawyers.

"We have been instructed by IEBC to appear for the commission on the basis of a resolution passed by the four commissioners. We have already filed our responses on behalf of the commission regarding the issues raised by the petitioners," said Muite.

Muite argued that IEBC is a corporate entity and since the seven commissioners could not sit and reach a consensus on the lawyers to represent the commission, the four commissioners, being the majority, had the power to appoint them.

But Prof Muigai argued that his team was the duly appointed side to represent the commission and that the other team had not even filed an application for change of advocates.

"In any case, it is not the work of the commission to procure services of lawyers since that is the work of the IEBC secretariat, which procured our services and duly appointed us to represent the commission and the chairman," he said.

The two warring sides had filed separate responses to the petition by Azimio leader Raila Odinga and Martha Karua.