NAIROBI, Kenya Nov 28 – Embattled Independent Electoral and Boundaries Commission (IEBC) Vice Chair Juliana Cherera now wants the National Assembly to extend the proceedings on her removal so that she can respond to accusations against her.
Cherera through her counsel Apollo Mboya pointed out that the minimum time given to any respondents to respond is 14 days to substantiate a fair hearing.
With the proceedings having commenced on November 24, he cited that it would be an unfair hearing for the Justice and Legal Affairs Committee to only grant them two days to avail for a detailed response.
“Even before Court the minimum you are given is 14 days. This is a quasi judicial proceedings and the petitioners presented on the 24th and 25th,” said Mboya.
“There has to be adherence to the rules of natural justice, that’s not asking for too much.Its what the constitution calls for,” he added.
In his submission, Mboya raised concern on the move by President William Ruto on 25th of November call the four commissioners in question as rogue element casting aspersions on whether his client will be granted a fair hearing without substantive evidence on the allegations.
“We need better particulars from the President in order to respond.We need particulars on this issues because this is the person if at all this process goes to end who will be form this tribunal,”Cherera counsel said.
“The tribunal will be appointed by the person who has determined the rogueness of those particular people,”
Mboya further decried that as Cherera’s legal counsels they have been constrained in writing a response as the clerk of the committee declined to offer critical documents.
The documents copies of the petition, hansard of the committee proceedings and the detailed ruling on the question on the jurisdiction of JLAC to preside over the matter.