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Sharp Division Among IEBC Commissioners Displays During The Pre-trial

SK 2 years ago 2 min read

The pre-trial conference held on Tuesday before the hearing and decision of the petitions filed to contest the conclusion of the 2022 presidential election exposed the stark splits inside the Independent Electoral and Boundaries Commission (IEBC).

The issue of the IEBC’s legal counsel came before the Supreme Court’s seven-judge bench under Martha Koome.

Senior Counsel James Orengo refuted Senior Counsel Prof. Githu Muigai’s claim that he was acting on behalf of the IEBC by pointing to another legal team representing the commission, this one headed by Senior Counsel Paul Muite, who he claimed had been denied entrance to the plenary.

“My lady the chief justice and members of the court, I have just been informed of a senior Counsel who has been locked out who should be in this proceedings, senior counsels Paul Muite and Ali Mansur for the IEBC. I think it is a matter which is live before the court to make a determination whether they could be heard but they have filed papers and they ought to be at least allowed in,” submitted Orengo.

They have not been prohibited, and neither have the IEBC commissioners, Chief Justice Martha Koome said. They had a right to be there with their attorneys because they were respondents.

However, senior counsel James Orengo was quick to point out that there were actually two factions inside the electoral body, thus the chief justice’s explanation was insufficient.

However, Koome pointed out that both camps are permitted to attend the sessions alongside their attorneys.

Professor Githu Muigai and senior attorney Paul Muite did not stop there. After the brief period of silence, they exchanged blows but continued to remain silent.

“My colleague Prof Githu Muigai and Karori Kamau have filed a set of pleadings on behalf of the commission. My colleague Issa Mansur has filed several pleadings on behalf of the commission.”