, NAIROBI, Kenya, Nov 15 – The Independent Electoral and Boundaries Commission Chairman Wafula Chebukati’s own words have been used against him in the Supreme Court.
Through their counsel Julie Soweto, Njonjo Mue and Khelef Khalifa, have used the public statement Chebukati made following Commissioner Roselyn Akombe’s resignation, to make the case that by his own admission, the fresh presidential poll was not credible.
“The Chairperson is admitting publicly to Kenyans that the Commission is not working independently and of course the question we should ask is who is he blaming? Who is it that is not allowing the Commission to work independently?” Soweto posed to the court.
The petitioners have also raised Akombe’s resignation itself and referenced the reasons she gave, as further proof of a discordant Commission which they submit could not have delivered a credible poll.
Supreme Court judge Professor Jackton Ojwang has however taken her to task over the manner in which she introduced Akombe’s testimony given the absence of an affidavit.
“Those who have not perceived them can only relate them as evidence, this is basic law of evidence… through what medium is this coming? Because that medium determines veracity.”