BY SAM ALFAN.
Busia Senator has vowed to thwart efforts to remove four IEBC commissioners from office.
Okiya Omtata now Busia Senator has asked the courts to quash all four petitions filed at the National Assembly for the ouster of the now infamous “Cherera Four” commissioners.
He wants National Assembly’s, Justice and Legal Affairs committee to be stopped from sittings and or investigting the four commissioners.
“The matter is extremely urgent as the four commissioners have been summoned to appear and defend themselves before National Assembly Departmental committee on Justice and legal affairs begining today and this application and the petition is likely to be overtaken by events if the orders are not granted,” urged Omtatah.
Justice Hedwig Ong’udi directoed the matter to be mentioned for directions on 14th December 2022 alongside petition no. E511 of 2022 before Justice Thande.
“I have perused the petition and the notice of motion both dated 28th November 2022. I have also perused the supporting affidavits. I do note that a similar petition arising from the same facts and dated 21st November 2022 was filed herein. It is petition no. E511/2022. Directions have been given in the said petition.,” directed Judge Ong’udi.
- The petition and application to be served upon all the parties by 1st December 2022.
- Responses to be filed and served by 9th December 2022.
- Leave granted for the petitioner to file a further affidavit by 13th December 2022.
According to Okiya Omtatah, IEBC Vice chairperson Juliana Cherara, Irene Masit, Justus Nyangaya and Francis Wanderi had a right to disagree with the results.
The four commissioner walked out of IEBC during the announcement of Presidential results and disowned the results declaring President William Ruto as opaque.
Busia Senator also wants the investigations and the outcome of the inquiry by the National Assembly quashed.
He also wants the high court to quash any resolution by the National Assembly assembly to forward to the president the four petitions seeking the removal of the four commissioners.
In addition Senator Omtatah wants the high court to declare that the decision by the Supreme Court in the 2022 presidential petition as final and an absolute bar to the four petitions filed in Parliament.
In his court documents, the senator claims that the petitions are discriminatory and politically instigated to victimize the four commissioners.
On 19th November, the speaker of the National Assembly Moses Wetangula information the Parliament that he was in receipt of four petitions seeking the removal of the four commissioners from IEBC. The speaker committed the four petitions to the National Assembly Justice and legal affairs committee for consideration.
The senator adds that within fourteen days as required by paragraph 4 of National Assembly Standing Orders 230, the committee was directed to report back to the house on whether or not the petitions disclose a ground for removal. The committee can seek extension if necessary.