Cord is expected to go to court today to petition for the removal of the IEBC commissioners.In support of this the opposition will rely on the ‘Chickengate’ convictions of Smith and Ouzman officials in the UK courts, a TNA press conference just before the IEBC dismissed Okoa Kenya petition and the critical findings of the Public Accounts Committee report on the IEBC.
“The petitioner avers that the only reason why the Jubilee Coalition would be determined to keep the 1st respondent and the 2nd, 3rd, 4th, 5th, 6th, 7th, and 9th Respondents in office at the risk of violating the constitution must have something to do with the role that they will be playing for them during the 2017 elections,” the petition by Minority Leader Jakoyo Midiwo through Julius Juma and Company Advocates will state.
The respondents are the IEBC commissioners Isaak Hassan, Thomas Letangule, Yusuf Nzibo, Lilian Mahiri Zala, Albert Bwire, Kule Galma Godana, Abdulahi Sharawe, Muthoni J. Wangai and Mohamed Alawi.
Midiwo’s petition accuses the commissioners of not meeting the standards of Chapter Six of the constitution on Leadership and Integrity.
“The respondents have conducted themselves in a manner that not only contravenes the constitution but also threatens state security,” argues Gem MP Midiwo.
The petition accuses the IEBC Commissioners of open bias in favour of Jubilee which has been insisting that there is no reasons for the commissioners to be removed.
The petition claims that the IEBC may even stop Cord from contesting the election in 2017.
“It is the petitioner’s contention that the respondents have now made a decision to bar CORD from participating in the next general election for leading its supporters in protest against the respondents,” says Midiwo.
Midiwo adds that the IEBC commissioners must be seen to be scrupulously impartial by all.
“Your petitioner avers that the Supreme Court of Kenya in their Ruling which was delivered in the petition that was filed by the Hon. Raila Odinga against President Uhuru Kenyatta in 2013 identified several failures on the part of the respondents which merely confirm their unsuitability to preside over any other election,” says Midiwo.
The petition argues that the problems of the IEBC in 2013 remain unaddressed and will lead to the bungling of 2017 elections.
Midiwo argues that the IEBC chairman Isaak Hassan was adversely mentioned in the tender for the printing of ballot papers to Smith & Ouzman. Two British citizens were jailed for giving “chicken” to Kenyan officials while Isaak was chairman of the Interim Independent Electoral Commission.