Ruto Wants Six IEBC Commissioners Barred from Participating in the Presidential Petition

President-elect William Ruto wants six IEBC Commissioners barred from participating in the petition filed at the Supreme Court challenging his victory in the August 9th presidential election.

In an application filed under a certificate of urgency, Ruto argues that only the electoral commission and its Chairperson Wafula Chebukati should be allowed to take part in the hearing of the petition.

“The recent General Election was held by the Independent Electoral and Boundaries Commission (IEBC) and not the individual commissioners,” Ruto says in documents filed at the Supreme Court.

He has asked the apex court to expunge all pleadings filed by IEBC commissioners Abdi Guliye, Boya Molu, Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang'aya, arguing that the six were wrongly sued by petitioners led by Azimio la Umoja presidential candidate Raila Odinga. 

Through his lawyer Kithure Kindiki, Ruto avers that his right to a fair trial will be compromised if the xix commissioners are allowed to participate in the case.

Kindiki states that some of the commissioners are at loggerheads with Chebukati and that they intend to use their response to advance accusations, new claims, and innuendoes solely intended to prejudice Ruto.

Citing Article 140 of the Constitution, he submits that individual commissioners cannot be respondents in the suit and their suing introduces a second tier of petitioners in court.

“In the true sense, Mr Molu, Prof Guliye, Ms Cherera, and Mr Nyang’aya are second tier petitioners so enjoined to enable the petitioners to have another set of petitioners albeit classified as respondents,” reads court papers.

In addition, Ruto says that their participation will deny him an opportunity to respond to any of their claims, which would violate his rights.