The electoral Commission, IEBC is on a war path again after the High Court on Wednesday ruled that its 290 constituency returning officers and deputies were illegally appointed.
High Court Judge George Odunga said the process of appointment of ROs and their deputies was not in accordance with Regulation 3 (2).
But Judge Odunga declined to quash the gazette notice on the appointment of the ROs and their deputies.
He said the prayer had not been laced before the court in the petition.
Senate Majority Leader and a Lawyer Kipchumba Murkomen espoused that even with the Court’s pronouncement; the election managers who have been gazette will still oversee the polls.
In short facebook post on Wednesday, minutes after the judge’s ruling, he said Thursday’s repeat polls will still be managed by the group because there were no prayers before the court for cancellation.
“The process of appointment of ROs and their deputies was not in accordance with Regulation 3 (2),” he wrote.
But, he added, “Since there was no prayer for cancellation and/or postponement of the election, the orders sought could not be granted. The court declined to grant the order to quash the appointment.”
“The election slated for tomorrow (Thursday) will go on and the ROs and their deputies have the power to conduct the election as their appointment hasn’t been quashed,” concluded Murkomen.