President-elect William Ruto has now requested that the commissioners attached to the Independent Electoral and Boundaries Commission (IEBC) be removed as respondents in a Supreme Court petition filed by Raila Odinga, an Azimio la Umoja presidential candidate.
In a new filing by Ruto’s lawyer, Abraham Kithure Kindiki, the president-elect requests that the commissioners, including Vice Chair Juliana Cherera, be struck from the list of respondents.
Kindiki, who filed the petition with Josephat Nanok, Director of Campaigns for the United Democratic Alliance (UDA), argued that the commissioners should not be named individually because the election was not conducted by the individuals.
Abdi Guliye, Boya Molu, Justus Nyang’aya, Francis Wanderi, and Irene Massit are among the other commissioners named as respondents in Raila’s petition.
“The timeline to respond is for all respondents to file responses at the same time. Consequently, the 9th Respondent (Ruto) will be denied any opportunity to answer the second-tier accusations made by the 3rd to 6th Respondents.
“The 9th Respondent’s right to a fair trial as conferred under Article 25 (C) will be irreversibly compromised,” read the Kindiki affidavit as quoted by The Standard.
Raila filed a petition with the Supreme Court on August 22 challenging Ruto’s declaration as the president-elect following the August 9 elections.
In his affidavit, Raila requests that he be declared the president-elect (via a recount) or that the Supreme Court order a run-off election.
Soon after, the DP filed his response with the Supreme Court, stating that he would accept the court’s decision.
“I’m asking all of us as leaders to listen to what the people of Kenya are saying so that we can conclude the remaining steps of our election, in a peaceful, orderly, respectful manner, respecting all the institutions that will discharge their responsibilities because we are a country governed by the rule of law and by our constitution,” stated the DP in a press briefing at the time.
In the supremacy battle, four commissioners led by Cherera also rejected the results presented by IEBC Chairperson Wafula Chebukati, claiming that the announcement was shrouded in secrecy.
However, the Chairperson, who is supported by two other commissioners, insisted that the entire process was transparent and that all Forms 34A were available on the portal.
