The four Runaway IEBC commissioners led by Vice Chairperson Juliana Cherera are put to task by the Supreme Court as they are expected to respond to the judges.
Among the major concerns are the blue-collar roles assigned to the commissioners at the Bomas National Tallying center and Chebukati’s refusal to involve them in the tallying process.
However, the commissioners, represented by their lawyers, will have to elaborate on the matters according to the seven judges of the apex court.
Isaac Lenaola directed the commissioners’ lawyers to illuminate the reason they waited until the very last moment to protest against the alleged opaqueness of the chairman.
Lenaola also asked if the four commissioners had any form of evidence to prove that the chairperson had been running a one-man show without involving or acknowledging the input of his fellow commissioners.
“We saw your clients in public reading the results until the eleventh hour, what evidence do we have that this is not an afterthought and that they are doing this out of good faith,” Justice Lenaola raised.
“What evidence do we have showing that for the last three, four months that they documented and there was, therefore, a storm brewing? My sense of view is that when you come only at the point of the final declaration how then do we trust that there were issues before,” he added.
Justice Smokin Wanjala also held the same perspective regarding the failure of the commissioners to object to the roles assigned to them.
While addressing the court, Wanjala questioned why they had to wait until the last moment yet they had an opportunity to dispute from the start.
“I am just wondering that these very serious Kenyans did not seize that chance and protest to Kenyan people that the roles we are being assigned have nothing to do with tallying and verification, why to the tail end because I am sure the voter out there also wants to know,” questioned Justice Wanjala.
Chief Justice Martha Koome, on her part, seeks to understand more clearly at what particular time the electoral commission started having wrangles, given that the four runaway commissioners were always present while making announcements on live television.
“When did the commission become so dysfunctional,” she asked.
“Is there a point where the commissioners were working together in tallying and verifying and then suddenly there was a stoppage? We want to understand that.”
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The counsels representing the four Runaway commissioners and those acting for the first petitioner (Raila Odinga) will be accorded an opportunity to respond to the questions on Thursday, September 1.
