Senator Okiya Omtatah of Busia has petitioned the High Court to prevent the National Assembly Departmental Committee on Justice and Legal Affairs from starting steps to remove four IEBC commissioners from office.
In an application filed under a certificate of urgency, Omtatah requests that the constitution and Human Rights High Court in Milimani provide temporary orders to the existing procedures for the four commissioners expelled by the National Assembly until the hearing and determination of his petition.
Omtatah is contesting the expulsion of four IEBC Commissioners, led by Vice-Chairperson Juliana Cherera, Francis Wanderi, Irene Cherop, and Justus Nyang’aya, on the grounds that they are discriminatory and politically motivated with the goal to victimize.
“I request that the court impose a conservatory order halting the National Assembly’s quasi-judicial processes in response to the four petitions in the National Assembly seeking the removal from office of the four commissioners,” Omtatah submitted.
Four petitions were filed against the IEBC vice-chair by Republican Party, Rev Dennis Ndwiga, Geoffrey Lang’at and Owour Jerry.
The Republican Party, Dennis Nthumbi, Geoffrey Langat, and Owuor Steve Gerry petitioned for their removal on the grounds of egregious misconduct, misuse of power, violation of the Constitution, and taking sides in the August 9 presidential campaign.
They are also accused of plotting with top national security officials to manipulate the election results in favor of Azimio la Umoja One Kenya coalition candidate Raila Odinga and force a run-off election.
Omtatah is also requesting an injunction to prevent the National Assembly from acting on the four petitions under Article 251 of the Constitution.
The senator is outraged that the entities that have petitioned the National Assembly seek to re-litigate the split among the IEBC commissioners over the verification and tallying of the final results at Bomas in the August presidential polls, while the Supreme Court considered and determined the issue in the 2022 Presidential Petition, and recommended a way forward, without taking sides.
