COURT GIVES NOD TO IEBC COMMISSIONERS TO CONTINUE PLANNING THE OCTOBER 26 REPEAT-PRESIDENTIAL-ELECTION.

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IEBC lawyers Wambua Kilonzo and Evans Monari speaking to journalists outside high court building after the court dismissed petition seeking to remove the commissioners at Milimani Law Courts on Monday September 9,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court in Nairobi has dismissed allegations that IEBC commissioners are ‘dirty’ to hold October 26repeat elections.

In his judgment, Justice John Mativo has said that the Supreme Court did not indict the eight commissioners and as such no one is criminally culpable.

He said that the allegations that the apex court indicted the eight commissioners in it judgement had no basis and as such dismissed the petition in its entirety.

“Besides, the petition was filed twenty days before the Supreme Court rendered its reasons. The petition is premised on totally incorrect factual basis. On this ground alone, this petition is bound to fail,” he said.

The petition, filed by three voters sought the removal of IEBC commissioners with their CEO Ezra Chiloba asserting that Supreme Court found them to have committed electoral irregularities in the August 8election.

The judge also said that he did not find any legal reasons to issue orders sought in the petition.

Justice Motivo said that the petition was unmerited and had no legal basis to issue the orders sought.

He however encouraged public litigation as a highly effective weapon in the armory of law for reaching social justice to the common man.

“It is a unique phenomenon in the constitutional jurisprudence that has no parallel in the world and has acquired a big significance in the modern legal concerns” he said.

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