Chebukati to appeal against High Court decision on IEBC composition
Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has said the commission will appeal the High Court's five-judge bench decision that at least five commissioners and not three are required to make quorum.
Speaking in Mangu High School on Monday, Chebukati said the commission is engaging its lawyers before appealing the ruling this week.
"Sometime in 2019, the High Court made a determination that Article 250 of the Constitution allows a commission to operate with a minimum of three and a maximum of nine commissioners. That is what has been guiding the commission's activities since then. On Thursday, the judges said the Statute requires a commission to operate with a minimum of five commissioners. We will go to the Court of Appeal to tell us which judgement we should follow," Chebukati said while inspecting the constituency tallying centre at Mangu High ahead of tomorrow's Juja by-election.
There are currently only two commissioners in office namely Boya Molu and Abadi Guliye and chairman Chebukati following the resignation of their three colleagues in 2018 and one in 2017.
The court ruled that the lack of quorum as set under the law significantly stops the commission from conducting key business.
“The Independent Electoral and Boundaries Commission (IEBC) cannot conduct any proposed referendum because it has no quorum. The quorum for the conduct of business by the IEBC is five commissioners,” the court said.