President-elect Dr. William Ruto has filed an application in the Supreme Court that seeks to strike out 6 Commissioners from being enjoined as petitioners in the petition where he is mentioned as a respondent.
Filed under certificate of urgency the application urges the apex court to strike off commissioners Abdi Guliye, Boya Molu, Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang’aya from the petition and any pleadings filed by any of them be expunged from the court’s record.
Because a number of the six have openly criticized his victory as announced by Chairman Wafula Chebukati Dr. Ruto argues that their participation may deny him the opportunity to fair trial.
“They intend to use their response to advance accusations, new claims and innuendoes solely intended to prejudice Dr Ruto,” says his lawyer Prof. Kithure Kindiki.
The argument is that by enjoining the Commissioners the petitioners seek to create a second-tier of respondents who in reality are also petitioners.
This valid concern is just an example of one of the brilliant legal fireworks to be expected from the Supreme Court proceedings beginning Tuesday 30 August.
Dr. Ruto is however comfortable with the electoral body and its Chairman Wafula Chebukati alone being retained as respondents.
Prof. Kithure Kindiki.
“The recent General Election was held by the Independent Electoral and Boundaries Commission (IEBC) and not the individual commissioners,” Dr Ruto states in court papers filed by Kithure Kindiki Monday evening.