Lawyers fault IEBC as Kethi Kilonzo’s fate on by-election to be known Friday

Updated Wednesday, July 17th 2013 at 00:03 GMT +3 By Isaiah Lucheli
Nairobi, Kenya: The Independent Electoral and Boundaries Commission (IEBC) tribunal that barred lawyer Kethi Kilonzo from contesting the Makueni senatorial by-election has been accused of committing errors and acting outside its jurisdiction.

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Lawyers representing the Wiper Democratic Movement Party and Kethi told a three-judge bench that the IEBC Makueni Returning Officer (RO) did not receive any written complaints on Kethi’s eligibility and wondered how the tribunal took up the matter.
They argued that after the IEBC had cleared Kethi for the by-election, and issued her with a valid certificate, the tribunal did not have jurisdiction to handle the matter.
Lawyer James Orengo told the judges that the complaints against Kethi had not been made before the returning officer and added that the tribunal did not have powers to handle the matter except on appeal on matters raised before the RO.
Mr Orengo added that the tribunal was biased in its decision because, the complainants’ arguments were levelled against the electoral body.
“The IEBC was a judge in their own case. The tribunal could not sit in judgment of IEBC’s actions or conduct, being a creation of the latter. IEBC was a judge, prosecutor and executioner in the case,’’ said Orengo
The fate of Kethi’s candidature in the senatorial by-election now lies in the hands of three judges after lawyers representing her, the Wiper Democratic Party, the IEBC, the IEBC tribunal and interested parties who included candidates in the by-election finished arguing their case.
Justices Richard Mwongo, Weldon Korir and Mumbi Ngugi Tuesday said the judgment of the matter will be released on Friday (July 19).
Orengo added that the tribunal did not have the jurisdiction to handle the case as it had also been named alongside the Makueni returning officer as respondents.
The senior counsel added IEBC, which is charged with the country’s electoral process, is unable to explain under what circumstances that the booklet got lost other than explaining that the police was investigating the matter.
Kethi’s lawyer, Julie Soweto, told the court that IEBC should not use it structures to infringe on people’s rights enshrined in the Constitution by locking them out in electoral process.