Petitioners who sought an interpretation on the powers of the IEBC Chairman will now move to the court of appeal to challenge the decision of the High Court that struck out their application.
The three Ashfod Koome, Michael Asola and Eric Githinji said that they were not satisfied with the decision of High judge Hedwig Ong’undi to dismiss their application on the basis that the High Court has no jurisdiction to give orders to the supreme.
“Without hearing us the petition was struck out, we were not given a chance to articulate our petition, this was constitutional petition which has no conflict with the ongoing election petition”
According to the trio, there are looming constitutional crises in the section 80(IV) (a) of the election Act that gives the supreme court power to declare a winner of presidential election upon recount of votes and article (10), 140 of the constitution that bestows the power to declared a winner of election exclusively on the chairperson of the IEBC.
“We are at crossroads to know the section that supersedes the other. Between the two conflicting sections and the Act, the section 80(iv) and section 138( 10) and the 140( a),who has the absolute powers to declare the winner?.” Mr. Githinji said.
They further argued that election Act and the article of the constitution being in direct conflict was unconstitutional and it is what had prompted them to seek constitutional interpretation of provisions of the constitution and section 80 of the election Act.
“We came to the High Court because we’re not disputing an election, the procedure only allows to go to the court of appeal ,we cannot go to the Supreme Court to challenge a statue,” Mr. Githinji added.
Among the parties that the petitioners had listed in their application are IEBC chairperson Wafula Chebukati, President Elect William Ruto,and Azimio la Umoja coalition leader Raila Odinga.
According to the section 80( iv) of the election Act, if the election is disputed the Supreme Court has powers to declare a winner upon recount of vote, order the IEBC to issue the[C1] certificate to the winner.
By Rodgers Oduor
