IEBC Writes to Supreme court over Nullification of Presidential Election
IEBC message to Supreme Court
The Electoral Body dismissed Omtatah’s case noting that it did not hold any water as it was filed even before the polls were held.
In the affidavit filed by Mahamud Jabane, the Wafula Chebukati-led commission insists that the case is an abuse of court process adding that the Supreme Court lacks the jurisdiction to hear it.
“To the extent that the petition was filed on 27th October 2017 which was before the declaration of results of the fresh presidential election on 30th October 2017, the petition lacks the requisite legal foundation and ought to be dismissed,” the affidavit reads
IEBC responded to the activist’s argument that the elections were illegal since fresh nominations were not conducted stating that the full spectrum of the nominations processes requires way in excess of 60 days.
Jabane told the apex court that in view of this, it is impracticable for nominations to be held in the case of repeat elections.
The Commission emphasizes that the elections were held as per the Constitution.
In his petition, Omtatah also challenged the ability of IEBC to conduct a free and fair election highlighting that the wrangles and confession by Chebukati and former Commission Roselyn Akombe proved that the Commission was compromised.
“Given that the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy.
“The Fresh Presidential Elections Implementation Team was being sabotaged and that was jeopardizing the IEBC ability and capacity to conduct free, fair and credible elections,” the petition reads in part.
However, Mr. Jabane told the Supreme Court that IEBC had carried out wide consultations to make sure that the polls were credible.
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