Editor's Review

The Vice President of the Supreme Court spoke during the pre-trial conference on Tuesday, August 30.

Deputy Chief Justice Philomena Mwilu has asked the Independent Electoral Boundaries Commission (IEBC) to solve its issues on legal representation internally. 

Speaking during the pre-trial conference on Tuesday, August 30 at the Milimani Law Courts, Mwilu said that it was not the Supreme Court’s business to determine who represented the electoral agency.

According to the Vice President of the Supreme Court, the apex court will not be drawn into the disputes by IEBC.

"It is our considered view that this court cannot deal with any dispute as to the legal representation of the IEBC. It is not the business of the court to determine who represents the IEBC in whichever formation," Mwilu stated.

Philomena Mwilu and Chief Justice Martha Koome.

“That is an internal issue which must be resolved by the IEBC, its commissioners and other internal organs. This court will not be drawn into this dispute in these circumstances,” she added.

The IEBC had been split into two factions, with the Chairman Wafula Chebukati-led faction being represented by former Attorney-General Prof. Githu Muigai, while Vice Chairperson Cherera’s faction was represented by Senior Counsel Paul Muite.

In Chebukati's faction are commissioners Abdi Guliye and Boya Mulu, while in Cherera's faction are Francis Wanderi, Justus Nyang’aya, and Irene Masit.

The Supreme Court, however, struck out an application by Issa & Company Advocates who sought to represent the IEBC.