CJ Maraga's team forced to defend IEBC
The court has issued a riveting clarification after Nasa lawyers made serious accusations to the IEBC and the Court.
The David Maraga led Court distanced itself from claims from a section of lawyers that the decision to suspend an earlier decision by a High Court which said that the decision by the Wafula Chebukati led Commission committed an offence in hiring the returning officer who steered the repeat presidential polls on October 26.
Nasa lawyer, Mr Apollo Mboya through a tweet had claimed that one Appellate Court judge commissioned the decision without prior consultation, a tweet that had caused panic amongst a section of Kenyans online.
“A single Judge of Court of Appeal grants final orders without according parties hearing then with collusion make two others to sign the same,” Mr Mboya had tweeted on Wednesday.
Mr Mboya made remarks in effect that the court did not sit on October 25 to suspend a High Court decision declaring appointment of IEBC returning officers illegal.
"Contrary to rules,a Judge of gave final orders staying decision of Justice Odunga & sent it for signature of the other two.
"Was application filed in to stay Justice Odunga's decision-NO. Was it heard by the 3 judges-NO. Are judges from Nairobi-NO," Mr Mboya added in a series of tweets that accompanied the final rulings which he claimed the Registrar fumbled out to backdate.
In a rejoinder, however, the Registrar of the Court of Appeal Mr Moses Serem on Thursday said the appeal was heard and determined by a three judge-bench, a contention Mr Mboya trashed.
The Appellate Court argued that three judges reasoned that an earlier decision at the High court by Judge Odunga to suspend the hiring of Returning officers would jeopardise the repeat polls, which was hours away, and that already the Commission had done due diligence.
In addition the three argued that such a decision would impact heavily on the already done preparations by Mr Chebukati’s commission, hence “precipitating another election outside 60 days in contravention of the provisions of Article 140(3) of the Constitution”.
A group of lawyers, purportedly under the wings of then National Super Alliance marshalled to court to demand that the IEBC stop the processes related to conducting a repeat poll, arguing that almost all its filed staff was illegally hired.
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