Raila should not have listed me as a respondent - Guliye

He said the petitioners case as pleaded does not disclose any cause of action.

In Summary

• Guliye said the issues raised in the petition relate to events, acts or omissions which purportedly arose while he was executing his official duties as a commissioner of the 1st respondent (IEBC).

Abdi Guliye during his vetting for the position of IEBC commissioner by the Parliamentary Justice and Legal Affairs committee, January 11, 2017.
Abdi Guliye during his vetting for the position of IEBC commissioner by the Parliamentary Justice and Legal Affairs committee, January 11, 2017.
Image: FILE

IEBC commissioner Abdi Yakub Guliye has said he verily believes he was wrongly joined in the petition matter filed by Azimio La Umoja presidential candidate Raila Odinga and his running mate Martha Karua.

Guliye was replying to an affidavit to the presidential election petition filed by the two.

Guliye said the issues raised in the petition relate to events, acts or omissions which purportedly arose while he was executing his official duties as a commissioner of the 1st respondent (IEBC).

He also said the petitioner's case as pleaded does not disclose any cause of action whatsoever against him in his personal capacity.

"Even if the petitioners were to raise any grievances against me, I verily believe that a presidential election petition under Article 140 of the constitution is not the appropriate forum and form of seeking redress," he said. 

Guliye further said the decision by the petitioners to join commissioners of the first respondent as substantive respondents in the manner is a diversionary tactic and manifests abuse of the court process which should not be countenanced.

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