President-Elect William Ruto now wants the Supreme Court to strike out all the affidavits filed by the six IEBC commissioners in the presidential election petition case.
In an application filed in court by Professor Kindiki Kithure, Ruto argues that the commissioners have been enjoined so as to create second-tier petitioners while in truth masquerading as respondents.
The commissioners include Boya Molu, Abdi Guliye, Juliana Cherera, Justus Nyang’aya, Irene Masit and Francis Wanderi.
The commissioners have been named as respondents in the presidential petition.
He argues that the Pleadings filed by the wrongly enjoined respondents would deprive Ruto of an opportunity to respond to any of the claims which action would violate his inalienable right under Article 25(C).
Former Governor Josephat Nanok, who was the UDA deputy chief agent, in an affidavit argues that the general election was held by IEBC and not individual commissioners.
“It is therefore incomprehensible why the petitioners have enjoined individual commissioners as respondents in their individual names in this petition,” he said
“That the individual commissioners cannot be respondents in a petition made under article 140 of the constitution.”
Article 140 envisages a precise and concise issue that challenges the election of the president-elect and deputy president-elect, complaints between commissioners should not be included in such a petition.
“The four commissioners are uncomfortable with the electoral victory of Ruto and indeed these commissioners have publicly stated their opposition to his victory. The four commissioners are in true sense petitioners and or proxies of the petitioners ingeniously included to be part of the respondents so as to compromise Ruto’s defence,” Nanok affidavit stated.
