The Independent Electoral and Boundaries Commission (IEBC) has reiterated its stance concerning the vacancy resulting from the impeachment of Deputy President Rigathi Gachagua.
During a court session on Tuesday, which involved a panel of three judges, IEBC attorney Mahat Somane emphasized that the commission is not responsible for appointing a successor to the deputy president, countering claims made by Gachagua’s legal representatives.
Somane clarified that, in accordance with Articles 99 and 137 of the Constitution, the IEBC does not possess the legal authority to address a vacancy arising from impeachment.
Additionally, he contended that even if the commission were to have a role in this matter, it would be unable to execute it due to the lack of commissioners.
“This is what my professor at Harvard would tell you: constitutional chaos. There is a role to be played by a constitutional body; once you establish there is a role, IEBC cannot play that role,” he said.
Somane explained that the authority of the commission is constrained by constitutional provisions, primarily concentrating on administrative duties, including the upkeep of the voter register, as specified in Section 11 of the IEBC Act.
“If the court were to find that there was a role for us, then we say those are administrative roles which we could still play,” he added.
Gachagua’s legal representatives previously contended that IEBC should have played a role in the vetting process for the deputy president nominee following the impeachment.
They expressed concern over how the IEBC, which is currently in the process of reconstitution, approved Kindiki as the nominee for the deputy president position.
On October 17, President William Ruto put forward the nomination of Interior Cabinet Secretary Kithure Kindiki to replace Gachagua.
National Assembly Speaker Moses Wetang’ula stated that Kindiki had obtained the requisite approvals from various entities, including the Kenya Revenue Authority, the Ethics and Anti-Corruption Commission, the Higher Education Board, and the IEBC.
Subsequently, Kindiki’s nomination was presented to the National Assembly, where it received the endorsement of the Members of Parliament.
Nevertheless, Gachagua has sought a conservatory order to prevent Kindiki’s swearing-in until the case is resolved.
The bench, presided over by Justice Eric Ogola, is anticipated to issue its ruling on this matter on Thursday, with Justices Anthony Mrima and Freda Mugambi also involved in the proceedings.
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