The Independence Electoral and Boundaries Commission (IEBC) has embarked on a plan to take the Building Bridges Initiative (BBI) bill battle to the Supreme Court.
On August 20, a seven-judge Court of Appeal bench headed by Justice Daniel Musinga ruled that IEBC was not properly constituted and thus could not effectively verify signatures nor conduct a referendum.
IEBC In a notice of appeal to the Supreme Court dated Thursday, September 2, the commission says it intends to challenge findings of the Court of Appeal on the constitutional composition of the commission, quorum, and its mandate.
“Take notice that the IEBC, the appellant in appeal number E 291 of 2020, being dissatisfied with the decision of the Court of Appeal given on the 20th day of August 2021 by Justices Musinga, Nambuye, Okwengu Kiage, Kairu, Sichale and Tuiyot on intends to appeal to the Supreme court against such parts of the decision in relation to the findings by the court touching on or relating to the constitution composition, quorum and mandate of the IEBC as set out in the Constitution of Kenya 2010,” it said.
It is understood that after the disputed 2017 General Election four IEBC commissioners resigned from the poll agency.
Roselyn Akombe, Margaret Mwachanya, Paul Kurgat, and former vice-chair Consolata Maina tendered their resignation to the Wafula Chebukati led-commission on varied dates.
The four commissioners left IEBC on grounds that it lacked proper leadership under Wafula Chebukati hence could not perform its mandate.
“For far too long and way too many times, the commission chair (Wafula Chebukati) has failed to be the steady and stable hand that steers the ship in difficult times and gives direction when needed,” the commissioners said in a statement while resigning.
President Uhuru Kenyatta’s appointment of four IEBC commissioners after successful vetting was gazetted on Thursday, September 2, giving the commission full membership as required in law.
The four; Juliana Cherera, Francis Mathenge, Irene Masit, and Justus Abonyo were approved by the National Assembly on Wednesday, September 1.
The electoral agency will now have the required quorum to make major decisions and prepare for next year’s polls.
