Supreme Court Refuses To Wade Into Cherera, 3 IEBC Commissioners Dispute
The four; IEBC vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit are being represented by lawyer Paul Muite.
Marvin Chege 
Deputy Chief Justice Philomena Mwilu has struck an application by Issa & Company Advocates and Paul Muite to have other lawyers blocked from representing the four rogue Independent Electoral and Boundaries Commission (IEBC) commissioners.
Mwilu, while delivering the ruling, noted that the Supreme Court has no jurisdiction to determine matters regarding the internal affairs of the commission.
"It is not the business of this court to determine who represents the IEBC in whichever formation. It must be resolved by the IEBC and its commissioners. This court will not be drawn into this dispute in these circumstances," Mwilu noted.
"The four lawyers are allowed to hire their own lawyers."
The four; IEBC vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit are being represented by lawyer Paul Muite.
IEBC chairperson Wafula Chebukati, commissioners Abdi Guliye and Boya Mulu are being represented by former Attorney General Githu Muigai.
The former AG and Senior Counsel Fred Ngatia who is representing President-elect William Ruto argued before the Supreme Court that the responses filed by the four commissioners is a new petition.
The IEBC filed an application on August 29 seeking to strike out an appointment of Issa and Muite, a motion backed by an affidavit filed by Marjan Hussein Marjan, IEBC CEO.
Chebukati had retained lawyers from the commission while Cherera and co sought representation from external lawyers due to a fallout arising from the tallying of the presidential results in the August 9 presidential election.
The four breakaway commissioners had already filed affidavits in support of a petition filed by Raila Odinga of the Azimio la Umoja coalition and they accuse the commission and Chebukati of manipulating the poll results to favour Ruto.
This is after all the seven commissioners, including Chebukati, were named as respondents in a first instance for a presidential election petition.
Vice-Chairperson Juliana Cherera and commissioners Justus Nyang’aya, Francis Wanderi and Irene Masit had thrown away the results alleging that there was no clear winner in the tightly-contested race.
One of the commissioners revealed that each of them would be represented by a separate lawyer at the Supreme Court but they would demand that IEBC caters for their affidavits as they were mentioned in the case as commissioners, not individuals.
Cherera and her team argued that the victory of Ruto was improper over claims of a mathematical error in calculating the percentage of votes amassed by the four presidential candidates.
They alleged that the total percentage of the four candidates passed the 100 per cent mark by 0.01 per cent.
