Petition filed at the High Court for removal of IEBC chair Wafula Chebukati, two commissioners, and CEO Marjan Hussein
After the Supreme Court’s decision on Monday, September 5, former journalist Milton Nyakundi petitioned the High Court to declare IEBC Chairperson Wafula Chebukati unfit to serve.
The Chebukati, Marjan, commissioners Boya Molu and Abdi Guliye are allegedly in violation of the Constitution and other laws, and there was a lack of accountability and transparency during the conduct of the elections on August 9.
Journalist Milton Nyakundi is requesting that the court declare them unfit to hold office and prevent them from accessing their offices.
He claims in his court documents that the four IEBC chiefs conducted this year’s presidential election in a manner that violated and undermined the natural values of integrity and leadership enshrined in Article 10 and Chapter Six of the Constitution, the IEBC Act, the Public Officer Ethics Act, and the Election Offences Act.
“There exists sound and effective administrative structures to ensure the functions of Marjan are performed for the duration he is not allowed to access his office,” Nyakundi explained.
The journalist claims that they violated proper corporate governance by taking over the responsibilities of the staff and the other four commissioners, including IEBC vice-chair Juliana Cherera, Justus Nyang’aya, Irene Masit, and Francis Wanderi.
Nyakundi asserts that the commission’s errors began before Kenyans cast their ballots and that Chebukati should be removed from office.
“When Chebukati, Marjan, Molu, and Guliye awarded the foreign firms tenders to supply election materials and technology during the election without the input of the other four commissioners, they violated the Fair Administrative Action Act,” Nyakundi added.
The sports journalist has relied on several affidavits filed by the dissenting four commissioners led by the commission’s Vice-Chairperson Juliana Cherera.
Nyakundi served in various media houses in the country including Kenya Broadcasting Corporation (KBC), and MediaMax. Also, he is currently the Managing Director at Kurunzi News.