Not our mandate to determine real IEBC lawyers - Supreme Court

"This court will not be drawn into this dispute. "

In Summary

•"This court cannot deal with the issue or dispute of the legal representation of IEBC in this petition," she said.

•"We have considered the proceedings. It is not the business of the court but rather an internal issue that must be resolved by the IEBC and the commissioners. This court will not be drawn into this dispute. "

Supreme Court of Kenya Judges.
Supreme Court of Kenya Judges.

Supreme Court has said it is not its mandate to resolve which lawyer will represent IEBC at the Supreme Court.

In a ruling on Tuesday, Deputy Chief Justice Philomena Mwilu said the dispute between commissioners is an internal one.

"This court cannot deal with the issue or dispute of the legal representation of IEBC in this petition," she said on behalf of the seven judge bench.

The bench comprises; Chief Justice Martha Koome, Mwilu, Judges Ibrahim Mohamed, Isaac Lenaola, William Ouko, Smokin Wanjala, and Njoki Ndungu.

"We have considered the proceedings. It is not the business of the court but rather an internal issue that must be resolved by the IEBC and the commissioners. This court will not be drawn into this dispute," Mwilu said.

Instead, the Supreme Court struck out the appointment of Issa and Co. Advocates by four of the IEBC Commissioners led by Vice-Chair Juliana Cherera who are opposed to the presidential election results to represent the Commission.

Mwilu said the four commissioners can utilise the services of Senior Counsel Paul Muite services if they deem it necessary in the proceedings.

Currently, the IEBC chairman Wafula Chebukati faction is being represented by former Attorney-General Githu Muigai, while Cherera faction is represented by Muite. 

During the Tuesday morning session, both lawyers said they represent IEBC in the presidential petition filed by Raila Odinga.

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