Petition is abuse of Parliament – IEBC boss

July 8, 2014 3:52 pm
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Hassan was speaking when the electoral team appeared before the National Assembly's Justice and Legal Affairs Committee to respond to allegations of gross violation of the Constitution and incompetence in the manner they handled the March 2013 General Election/FILE
Hassan was speaking when the electoral team appeared before the National Assembly’s Justice and Legal Affairs Committee to respond to allegations of gross violation of the Constitution and incompetence in the manner they handled the March 2013 General Election/FILE
NAIROBI, Kenya, Jul 8 – The Independent Electoral and Boundaries Commission (IEBC) Chairman Issack Hassan has accused a political activist seeking his removal and that of nine commissioners from office of trying to trigger a fresh general election in a petition brought to the National Assembly last month.

Hassan was speaking when the electoral team appeared before the National Assembly’s Justice and Legal Affairs Committee to respond to allegations of gross violation of the Constitution and incompetence in the manner they handled the March 2013 General Election.

“It’s evident from the foregoing, that the petitioner seeks nullification of the results of the last General Election. This petition seeks to vilify the Chairperson and the members of the Commission for having performed their role by announcing the results of the people’s choice,” he said of the petition by activist Wafula Buke.

“Besides the petition is mourning the legitimacy of the elected and nominated leaders of this country in both national and county governments by implication, the petitioner seeks to demand for a fresh General Election.”

The IEBC Chairman urged the Committee to dismiss the petition saying it does not contain facts to support allegations against him and the nine commissioners.

Hassan said he expect to be protected by this Committee because they acted in good faith and followed the law.

“In my view, the petition ex-facie does not meet the requirements of Article 251 of the Constitution, there were no attachments to the petition, the petition is so general and not anchored on the specifics of law or incidences such that it should be allowed,” he said.

“I believe that the petition is incompetent, is misconceived, bad in law, filed in bad faith and is an abuse of process in Parliament.”

The Commission however admitted that it faced various challenges during the election, but that did not affect the credibility of the results.

Committee Chairman Samuel Chepkonga directed that each Commissioner make their individual submission because the petition did not target them collectively.

In his petition, Buke wants Parliament to find that the IEBC violated the Constitution in the manner it handled the disputed presidential poll where President Uhuru Kenyatta beat CORD leader Raila Odinga.

The petitioner alleges that the nine commissioners were incompetent in the management of the elections and wants them removed pursuant to Article 251 (a) and (b) of the Constitution.

Odinga petitioned the election at the Supreme Court and lost after the court upheld the declaration of Kenyatta as the winner of the presidential poll.

Other commissioners that Buke wants removed from office are Vice-chairperson Lilian Mahiri-Zaja, Abdullahi Sharawe, Thomas Letangule, Mohamed Alawi Hussun, Albert Camus Onyango Bwire, Kule Galma Godana, Yusuf Nzibo and Muthoni Wangai.

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