How Chebukati tried to save Mariga from IEBC axe
IEBC chairman Wafula Chebukati and his two commissioners ignored advice from their own legal team and ordered the returning officer in Kibra to clear Mariga.
Both the legal and ICT teams advised the commissioners that Mariga, who is being fronted by DP Willliam Ruto, should not be cleared because he had not been duly registered.
The two teams explained that Mariga, who had not been registered previously anywhere, dashed to Kariakor on August 26 where he applied for registration, nearly two weeks after National Assembly Speaker Justin Muturi had declared the seat vacant.
“Mariga applied for registration on August 26 after the vacancy was declared on August 14 and IEBC gazetted the by-election on August 16, two days later. By law, the application must be brought to headquarters and all details confirmed before they can be put in the voters’ roll. Once that is done the register will have to be gazetted.
“In this case, Mariga’s application is still pending. He cannot, therefore, be cleared to vie,” said an IEBC official.
But despite the written opinion by the legal team, commissioners — Chebukati, Abdi Guliye and Boya Molu — met on Wednesday and ordered Beatrice Muli, the returning officer, to clear Mariga.
But Muli declined to clear the ex-footballer because his name was missing from the voter’s roll.
It is understood that Muli also feared that she would be held personally liable for any election malpractice.
“The law is very clear that IEBC election officials will be held personally liable for any electoral offence. She refused to commit an offence,” said another IEBC official.
The move is threatening to completely block Jubilee from presenting a candidate is the mini-poll.
