The Supreme Court of Kenya has thrown out a notice of appointment and pleadings filed by lawyers representing the Independent Electoral and Boundaries Commission (IEBC) commissioners who denounced the presidential election results read by their boss Wafula Chebukati.

The four commissioners, namely Juliana Cherera (the vice-chairperson of IEBC), Justus Nyang’aya, Irene Masit and Francis Wanderi, disassociated themselves from Chebutaki’s announcement that declared president-elect William Ruto the winner of the presidential election.

Deputy Chief Justice Philomena Mwilu said the court could not be dragged into the commission’s discord hours after the issue emerged during the pre-trial conference.


Mwilu said they considered all the pleading filed by the two parties but they could not deal with internal disputes on the legal representation of IEBC at the court.

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“We have considered all pleadings filed by the two parties. However, we cannot deal with internal disputes on the legal representation of the commission at the court. It is not the business of the court to determine who represents the IEBC. It is an internal issue which can be solved internally. The court cannot be drawn into this dispute,” Mwilu said.

“Therefore, the court strikes out the notice of applications and pleadings filed by Issa Mansur. The four commissioners can use the services of Paul Muite and Issa Mansur if they deem it necessary in these proceedings.”

Mansur is one of the lawyers representing the four commissioners.

On Thursday, during the pre-trial conference, Chebukati and the IEBC’s lawyers raised the issue regarding the representation of the four dissenting commissioners just hours after the Supreme Court threw out Ruto’s application that sought to dismiss the four commissioners from the petition.

Lawyer Paul Muite, being one of the lawyers representing the four dissenting commissioners backed the matter and sought the court’s direction.

"On the correct team of lawyers legitimately representing IEBC, the court is aware of applications filed last night responding to the same issue. I suggest the court gives direction on the same," Muite said.

“Githu Muigai and Kamau Karori (representing IEBC) have filed pleadings on behalf of the commission. My colleague Issa Mansur has also filed on behalf of the commission. We rely on a resolution by four of seven commissioners.”

Arguing that decisions are made by the majority in the absence of a consensus, Muite said they were legitimately representing the IEBC and their colleagues filed the applications under instructions of the IEBC CEO Marjan Hussein who gets informed by the commission.

Githu Muigai also sought to strike out pleadings my Mansur arguing that the four commissioners have committed a criminal offence.


“IEBC filed an application on August 29 seeking to strike out pleadings by Issa Mansur. The application is still pending. It is not the work of the commission to procure services against it,” Muigai said.

Senior Counsel James Orengo also appealed to the court to respond to the IEBC pleadings filed late and similar sentiments that were echoed by activist Okiya Omtatah’s lawyer who urged the court to listen to all factions for the judges to give an informed verdict.