How Akombe's resignation has returned to haunt Chebukati at Supreme Court
Commissioner Akombe revealed worrying details about Chebukati which the Supreme Court was told.
Her remark that the Commission had been “put under siege” and that it could not ‘hold a credible and verifiable election” under Mr Chebukati’s watch, who she later described a resilient Commission leader sparked controversy in the CJ David Maraga led apex court.
Lawyers representing ICJ's Kenya chapter chairman Mr Njonjo Mue told the court the resignation indicated IEBC was not prepared for the October 26 re-run.
"The only evidence is that the statement has been owned...IEBC has not denied that it actually came from Akombe," lawyer Julie Soweto said.
Mrs Soweto told six-judge bench that the statement had a valid IEBC letterhead and that the Commission Chairman Mr Wafula Chebukati confirmed what Akombe wrote – that the commission could not “guaranteed a credible election”, hence the October 26 polls be annulled.
"This is a written statement on letterhead. The documents are in the public domain so they should not be ignored," the avid lawyer said.
She added: "An inference of the truth must be drawn from the fact that Chebukati acknowledged the statement and referred to it in his affidavit and are part of the document that were sworn."
The fact that Mr Chebukati made reference to the resignation letter written by the UN-employee in his affidavit, could not be expunged from the court records as it would have created a vacuum of proof from Mr Chebukati and the petitioner.
"IEBC goes ahead to express his own views with regard to that statement. That in itself shows an admission of this statement by Akombe...The purpose of Akombe was to show the environment in which IEBC was operating," she argued.
In a rejoinder, however, Uhuru's lawyer Ahmednasir Abdullahi said Soweto cannot be making a statement that had not been admitted in court.
"Who is making Akombe's statement? You cannot make a statement made by the person without admissible evidence. My friend should tell the court the medium through which they are admitting these statements," Ahmednasir Abdulahi said.
IEBC Commissioner Roselyn Akombe tendered her resignation to the IEBC on October 18, few days to the October 26's repeat polls.
Dr Akombe announced her resignation in a statement sent from New York, where she was based as she worked for the UN before she took the IEBC job.
In the statement, Dr Akombe indicated that the October 26 repeat election as planned could not meet the basic expectations of credibility and fairness.
"The commission in its current state can surely not guarantee a credible election on October 26. I do no want to be party to such a mockery to electoral integrity," she said.
Dr Akombe, later in an interview with the BBC’s , said she went to New York after fearing for her life. She was supposd tobe in Dubai-based Al Ghurair to supervise the printing of the ballot papers for the repeat polls at the time.
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