Lawyer Paul Mwangi has said Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has no right to treat the other commissioners as subordinates.
In his submissions, Mwangi further noted that the chairperson’s constitutional mandate to declare presidential results doesn’t give him the power to tally and verify results.
Mwangi said that it is only in article 138 (10) where the chairman is asked to declare the result of the commission’s decision.
Mwangi said that Chebukati committed an illegality by declaring the presidential results without the support of a majority of commissioners, hence making it unconstitutional.
“It is our position that Wafula Chebukati has disrespected the Constitution and, has been unable to secure the legitimate result of an election that was conducted,” Mwangi said.
Mwangi said the requirement to declare the presidential election results does not give the IEBC chairman veto power to tally, verify or even reach a decision as to what he is to declare.
The veteran lawyer who is representing Azimio leader Raila Odinga and Martha Karua in the presidential petition on Wednesday said Chebukati disrespected the Constitution by acting as a supervisor of elections and making unilateral decisions.
He said that the IEBC chairperson is not the Commission, and that he is supposed to act with the rest of the commissioners to deliver a proper constitutional decision.
His sentiments come after four commissioners of Kenya’s electoral agency decried over what they termed as being sidelined by Chebukati while at the same time accuse him of running the elections body unilaterally.
Juliana Cherera (Vice Chair), Justus Nyang’aya (Commissioner), Irene Masit (Commissioner), and Francis Wanderi (Commissioner) have indicted Chebukati for allegedly employing unilateral and autocratic tactics in the management of the IEBC.