Embattled Independent Electoral and Boundaries Commission (IEBC) commissioners have a ray of hope after a petition to stop their ouster was deemed urgent.
Philemon Munjuri, Godfrey Kinoti and Joshua Mwirigi all from Meru County filed the petition at the High Court, seeking conservatory orders to stop the tribunal formed to investigate the four IEBC rebels from executing its mandate.
The Meru High Court Judge Edward Muriithi has deemed the petition filed to be urgent.
Through her lawyer, Cherera she asked not to be enjoined in the case arguing there was a similar case filed in Nairobi High Court.
“My client will be following the case on her own, not through this litigation and thus requests to be excused from this petition,” Cherera’s lawyer Donald Kipkorir told the court.
Judge Muriithi rejected Cherera’s request ruling that the four commissioners will be enjoined as interested parties.
“This is a matter of great urgency, so the court cannot lightly issue orders either stopping the proceedings or in a way that allows the party to leave without taking formal applications and responses,” the judge ruled.
The judge further ordered the three petitioners through their lawyer Kiogora Mugambi to serve the National Assembly, the tribunal and the Attorney General whom they have named as first, second and third respondents respectively.
The four, Juliana Cherera, Irene Masit, Justus Nyang’aya and Francis Wanderi will know their fate on Wednesday, December 14, when the judge will deliver his ruling.