Supreme Court rules on legal representation of IEBC dissenting commissioners “Sort your issues internally”
Supreme Court rules on the legal representation of IEBC dissenting commissioners in an application that sought to block lawyers from representing them.
The Supreme Judge has directed the contending commissioners of the electoral body to settle their disputes outside of court.
Deputy Chief Justice Philomena Mwilu stated during the second session of the 2022 presidential election petition pretrial conference held on Tuesday in Milimani Law Courts that the court would not decide which lawyer would represent the Independent Electoral and Boundaries Commission (IEBC).
While delivering the ruling, Deputy Chief Justice Philomena Mwilu stated the Supreme Court does not have jurisdiction to determine matters relating to the legal representation of the electoral commission.
“It is not the business of this court to determine who represents the IEBC in whichever formation. It must be resolved by the IEBC and its commissioners. This court will not be drawn into this dispute in these circumstances,” Mwilu stated.
“That is an internal issue that must be resolved by the IEBC internally,” DCJ Mwilu added.
Lawyer Paul Muite is leading the team representing the four – IEBC vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya, and Irene Masit.
IEBC chairperson Wafula Chebukati, commissioners Abdi Guliye, and Boya Mulu are represented by former Attorney General Githu Muigai.
Muigai had raised the issue stating that the other commissioners are engaged in illegality as it is the secretariat through the CEO that can procure the services of a lawyer.
The former AG and Senior Counsel Fred Ngatia who is representing President-elect William Ruto had argued before the Supreme Court that the responses filed by the four commissioners is a new petition.
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