IEBC: We have no role in filling vacancy in DP's office

The Independent Electoral and Boundaries Commission (IEBC) has come to the defence of the state in its bid to replace impeached deputy president Rigathi Gachagua.

In its submission before the three-judge bench hearing the case, IEBC through lawyer Mahat Somane asserted that it does not have any role in filling a vacancy in the office of the deputy president.

He said under Articles 99 and 137 of the constitution, the commission has no statutory mandate as relates to a vacancy arising through impeachment.

Somane argued that “even if it has a role, it cannot discharge it because it does not have the constitutional and legal capacity to function as it does not have commissioners.”

“This is what my professor at Havard would tell you constitutional chaos. There is a role to be played by a constitutional body, once you establish there is a role, IEBC cannot play that role,” he said.

According to Somane, the commission has no powers because of the constitutional design and if any then it is administrative which includes checking the voter register as provided for under section 11 of the IEBC Act.

“If the court was to make that there was a role for us, then we say those are administrative roles which we could still play,” he stated.

Gachagua's lawyers had argued that the commission ought to have played a role in clearing the nominee for the position after the impeachment.

President William Ruto nominated Interior Cabinet Secretary Kithure Kindiki as the next Deputy President following the impeachment of Rigathi Gachagua on October 17.

National Assembly Speaker Moses Wetang'ula said Kindiki received the necessary approvals and clearance from the Kenya Revenue Authority, Ethics and Anti-Corruption Commission, Higher Education Board, the Credit Reference Bureau and IEBC among others.

Kindiki's name was submitted to the National Assembly where MPs took a vote and approved him.

Gachagua, however, filed a conservatory order stopping his swearing-in pending the hearing and determination of the matter.

The bench led by Justice Eric Ogola is set to deliver a ruling on the case on Thursday.

The other two judges in the case are justices Anthony Mrima and Freda Mugambi.