Senior Counsel Githu Muigai submitting before Supreme court seven judges.


Senior Counsel Githu Muigai has told the Supreme Court that the personal attacks against the chairperson of the electoral body is a trend exhibited by persons not willing to concede defeat.

Prof Muigai took the court through the history reminding the judges how previous holders of the electoral body were vilified and hounded out of office in a similar manner.

“There is something very wrong in the way the persons who participate in the electoral process accept winning or losing,” Githu submitted.

He dismissed orders seeking the ouster of IEBC chairperson Wafula Chebukati from office saying he cannot be removed from office based on hearsay.

“The constitution itself contains complex processes for the removal of a person. Is he now to be removed by reference to affidavits based on nothing but hearsay?” Githu said.

He submitted that integrity is not numbers and the reason Chebukati whom he called great statesman said, “I protest even if I do so alone. To do the right thing does not require you to be with the majority, it requires you to be with your conscience.” he added.

He said that Chebukati conducted the election within provisions of the constitution and the Petitioners have not pointed out any violations he made.

Chebukati worked within the orders of the supreme court issued in the year 2017 in the case of Maina Kiai in which the court gave IEBC chair sweeping powers to conduct election without interference.

On the allegations, chebukati held himself as the national returning officer for Presidential election, he said it’s provided for under 130 of the election Act.

Lawyer Kamau Karori told the supreme Court that the chairperson and the commissioners present were assaulted and injured to stop the declaration of the results.