Lawyers representing IEBC were on Thursday, September 1, directed with tough questions by the Supreme Court as they responded to submissions made by Azimio leader Raila Odinga’s legal team.
Speaking during the second day of hearing the presidential petitions, the 7-judge bench sought further clarifications from the IEBC lawyers from the issues raised by Raila.
IEBC was being represented by former Attorney General Githu Muigai, Senior Counsel Abdikadir Mohamed, Senior Counsel Kamau Karori, lawyer Mahat Somane and lawyer Eric Gumbo.
Nairobi Leo looks at some of the tough questions asked by the Supreme Court judges to the IEBC lawyers.
Chief Justice Martha Koome
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To IEBC lawyers: "Is this disconnect rising from the IEBC? The role of IEBC is to conduct and supervise elections. Why did the IEBC chair allocate commissioners' domestic chores as opposed to the core business according to the Constitution?"
To IEBC lawyers: "Why did the livestreaming of presidential election results stop? Why didn’t the chairman tell Kenyans exactly what happened?"
Deputy Chief Justice Philomena Mwilu
To IEBC lawyers: "Someone named the 4 IEBC commissioners as respondents, by whatever name called, they remain commissioners. There is an affidavit that they have taken sides. What is the position taken by a commissioner? If they take sides, what is the court to do?"
To IEBC lawyers: "How was the walking out of the commissioners timed?"
Justice Smokin Wanjala
To IEBC lawyers: "It has been said that results from 27 constituencies had not been included in the final announcement, yet they had been tallied and verified. Why did the chair not include them, where was the hurry?"
To IEBC lawyers: "What was the Venezuelan who had access to the server maintaining in the system?"
Justice Njoki Ndungu
To IEBC lawyers: "Chebukati appears to be an all-powerful chair. What would happen if he was to announce the wrong results? Who would announce the results if he died? What is the role of other (IEBC) commissioners?"
Justice William Ouko
To IEBC lawyers: "There was an allegation that 33,000 vote differential was noticed. How many constitute stray ballots? Did you have instances where voters walked into the polling station and only voted for the president?"
To IEBC lawyers: "The appointment of the chairperson of IEBC was gazetted by himself. I would like to know whether he was gazetted as an agent of the commission or as the national returning officer in his capacity as the chairman?"
Justice Isaac Lenaola
To IEBC lawyers: "Chebukati had an extra day to declare results, why didn't he wait until that day, reach out to the other four commissioners and address other questions?"
Justice Ibrahim Mohamed
To IEBC lawyers: "We saw a commotion at the Bomas of Kenya on TV, would you still expect the court to apportion blame or take action when the matter is not before us?"
