IEBC has insisted that it was properly constituted when it embarked on the BBI signature verification process that was challenged in court.
Through Professor Githu Muigai in the BBI appeal case before the Supreme Court of Kenya, the commission faulted the two lower courts for ruling that they did not have a quorum to initiate any process.
Muigai told the supreme court judges that IEBC was properly constituted and that it had a quorum.
He further told the court that the constitution sets a minimum number of commissioners the body needs to operate and that at the time, the three required commissioners by law were present.
“It sets the minimum members you need in a Commission, and they were three as required by the law. So it was not open to the Court to find that IIEBC was acting unconstitutionally,” Muigai said.
Muigai argues that it was not even open to the court to find that IEBC had no quorum.
“High Court and the Court of Appeal were in error in arriving at a contrary position,” he said.
He said an amendment of a statute is a legislative act, and while it is open to a court to declare an amendment to be unconstitutional, null and void, the declaration does not revive the former provisions.
Tuesday marked the first day of the BBI appeal hearing at the Supreme Court of Kenya.
The hearing is expected to end on Thursday as earlier ruled last year.
After the hearing, the Judges will have to consider issues raised by both camps and set a judgement day.
