IEBC files notice of appeal against High Court ruling on BBI referendum

Thursday, May 20th, 2021 09:28 |
IEBC Chair Wafula Chebukati. FILE PHOTO

The Independent Electoral and Boundaries Commission (IEBC) has lodged a notice of appeal against four issues raised in High court ruling on the BBI referendum on Thursday last week.

According to court documents seen by People Daily, the appeal notice was filed on Monday.

Among the issues, the electoral body intends to appeal against, is the High Court ruling that the commission lacks the requisite quorum for the purposes of carrying out its constitutional and statutory duties in relation to the BBI referendum.

The commission also intends to appeal against the High Court ruling that it ought to have carried a nationwide voter registration exercise specifically for the intended referendum.

Thirdly, the role of the IEBC in relation to verification that the initiative is supported by at least one million registered voters.

Fourth, the IEBC wants to appeal against the ruling that Article 257 (4) required a legal framework for verification of signatures and that the adopted process was flawed.

IEBC chair Wafula Chebukati said on Monday that they will appeal the ruling.

He said the ruling on quorum is confusing given that another ruling was issued in 2019 directing the electoral body to run its operations with a minimum of 3 commissioners and a maximum of 8.

Chebukati said they will appeal so that they can be given a clear roadmap on whether they will follow the constitutional guidelines or directive of the statute.

“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. 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.

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 2017 and one in 2018.

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