The Supreme Court denied President-elect William Ruto’s plea that the four commissioners of the Independent Electoral and Boundaries Commission (IEBC) be withdrawn from the appeal challenging the presidential election results.
Ruto through Kithure Kindiki Advocates, filed an affidavit before the Apex court saying that the election was held by IEBC as a body and thus individual commissioners should not be enjoined individually in the case.
In a rejoinder, the Supreme Court rejected the aforesaid plea, pointing out that the pleas filed before the court by the commissioners contain evidence that will be crucial in the case’s hearing.
“It is not lost on us that one of the main grounds on which the three Petitions are based is that the 1st respondent (IEBC) failed to perform its functions. This claim is based on a highly publicized Press statement by these very respondents disowning the declaration of the Presidential Election results by the 2nd Respondent (Chebukati),” reads court papers.
“The latter cannot be faulted for seeking to place before the court any evidence emanating from the four.”
The president-elect had requested that the Attorney General be removed from joining the court proceedings claiming that the AG has no role in the petition.
“The holder of such an office has more capacity than any other litigant in this country to fend off any attempts to join him in proceedings to which he ought not to be a party. As the AG he does not need the aid of the 9th respondent to accomplish such a routine task.”
This is considered a setback to Ruto and his team as MosesKuria’sa petition was also struck out.
