An attempt by IEBC Vice Chair Juliana Cherera to stop the Departmental Committee on Justice and Legal Affairs from conducting any hearings seeking her removal from office has flopped.
Cherera on Monday petitioned the High court asking it to grant the said order but Justice Mugure Thande instead directed the matter to be mentioned on December 14.
She said the petition by Cherera should be served upon the National Assembly and Attorney General who have been listed as respondents in the case.
This is to be done by November 28, the day the committee is scheduled to start its hearings.
Cherera through her advocate Apollo Mboya wanted the proceedings stopped on grounds that the four days she was granted to prepare and respond to the four petitions was inadequate.
From the court filings, she wanted the ‘court to restrain parliament or any of its committee from conducting the proceedings and if already conducted, barring any of the committee of parliament from submitting any report to the assembly and to the President’.
Parliament on 15 November received four petitions seeking Cherera’s removal.
Cherera was on the following day notified of the petitions and given four days to prepare. The hearings are to commence from 24 November.
The four petitions are by the Republican Party, Rev Dennis Ndwiga Nthumbi, Geoffrey Lang’at and Steve Jerry Owuor.
The petitions seek not only the removal of Cherera but of the other three commissioners who disowned the August 9 general election results.
The national assembly standing orders require the departmental committee to investigate the matter and report to the house within 14 days on whether the petitions disclose a ground for removal.
But Cherera says proceeding with the hearings as planned will deny her a fair trial as the time allocated will hinder her from preparing adequately.
“I stand to be prejudiced if the removal proceedings are conducted in accordance with the timelines provided in the letter dated 16 November from the clerk of the national assembly,”
She says when the letter was sent, she was away on official duties in Bomet County. “I was in a working session with the office of the Ministry of Interior on boundaries geo-data collection,”
Cherera says she will be engaged in a similar activity in Marsabit on the week she is supposed to appear before the committee.
The case will be mentioned on December 14.
