The Kenyan High Court has temporarily interdicted three IEBC commissioners who had resigned from accessing their offices until a case filed by Activist Okiya Omtatah is heard and determined.
According to Omtatah, the three; Vice Chairperson Consolata Nkatha, commissioners Margaret Mwachanya and Paul Kurgat, stated under oath that they had formally resigned as IEBC commissioners by writing to the president on April 16, 2018.
He added that they had also handed over their offices and their salaries and benefits had been stopped by the commission.
Omtatah, in the application filed at the Milimani Law Court, further wants the three commissioners restrained from conducting themselves in any way whatsoever as commissioners of the IEBC.
He also argued that the three – having resigned from office – have served their term and are ineligible to be re-appointed as IEBC commissioners given that Article 250 (6) (a) of the constitution provides that a member of a commission shall be appointed for a single term of six years and is not eligible for re-appointment.
Omtatah also claims that the six year term ended with the resignations.
IEBC chairman Wafula Chebukati maintained that the three commissioners [Maina and Mwachanya] must be replaced after they attempted to return to their former offices at the Anniversary Towers on Monday 27th August claiming they did not follow due process while quitting.
According to Chebukati the two cannot be allowed back as they had handed over commission assets in their possession having followed the due clearance procedures. The chair,man had already written to the IG asking that their security be withdrawn after their resignation.