Africa-Press – Kenya. Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati enjoys the security of tenure while serving in this office, former AG Githu Muigai has stated.
Poking holes into a prayer by petitioners Raila Odinga and Martha Karua that sought to have the chairperson declared unfit to hold office, Muigai told the Court that it would be ‘peculiar’ to grant the order.
“My client, Mr Wafula Chebukati is a man who enjoys constitutional protection of his tenure,” Muigai told the Martha-Koome-led Supreme Court during the second day of the hearings.
The apex court is set to deliver its ruling on September 5.
He posed, “I don’t think whether my learned friends have contemplated the consequence of what they have requested”.
Among its prayers, Raila and Karua also want a declaration that IEBC as presently constituted is incapable of presiding over a proper, credible, verifiable and valid presidential election.
Muigai explained that the Constitution provided this privilege to Chebukati including Chairpersons of other independent constitutional commissions to avoid “this form of witch-hunting.”
The Constitution, he noted, cannot countenance that a Constitutional office holder is to be witch-hunted in the manner suggested by the petitioners.
He argued that if this Presidential election is “badly flawed as stated” then it would mean all MCAs, MPs, Senators, Women representatives and Governors were not properly elected.
“This would imply the government was not properly constituted and the whole government of the republic of Kenya should be reconstituted afresh.”
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