Former Independent Presidential Candidate in 8 August 2017 general election is seeking removal of IEBC Chairman Wanyonyi Wafula Chebukati.
In the documents filed in the High Court, Peter Solomon Gichira wants the court to hold that Chebukati is unfit to hold public office for disobeying court order requiring him to accept his nomination documents.
The high court had on 26 May 2017 issued an order directing Chebukati to receive Mr Gichira’s nomination papers to run as an independent presidential candidate, but he (Wafula Chebukati) refused and gave no reasons.
Gichira had successfully applied to the constitutional court and obtained order requiring IEBC to receive nomination signatures from Independent Presidential Candidates by way of Microsoft Excel, this order was ignored by the commission.
He says that Chebukati being returning officer of 8 August 2017 Presidential Elections, treated the applicant unfairly and violated his constitutional rights.
The court had found that IEBC Chairman by refusing to accept the applicant’s nomination papers was violation of Article 47 of the constitution which guarantees fair administrative action.
“A state officer, for instance, is required to accurately and honestly represent information to the public and demonstrate honesty in the conduct of public affairs , Chebukati has neither met neither of those two requirement, “read court documents.
Chebukati ought to be removed from office for violating section 35,47,73, 75 and 232 of the constitution, the petitioners says.
The petitioner further claims that Chebukati is in gross violation of the Leadership and Integrity Act 2012.
Justice Chacha Mwita directed Gichira to serve all parties appear in court on 24 of October for further directions.