Why Azimio Was Blocked By Muchelule Tribunal From Joining IEBC Case
Omari had argued that his client was mentioned on several occasions in the case, thus his application to have the coalition enjoined in the matter.
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Justice Aggrey Muchelule on Tuesday, January 23 blocked the Azimio la Umoja-One Kenya coalition from participating in the ongoing proceedings before the tribunal set up to investigate the infamous Cherera Four.
Azimio, through lawyer Danstan Omari, had applied to be enjoined in the case probing the removal of suspended Independent Electoral Boundaries Commission (IEBC) commissioner Irene Masit from office.
Omari had argued that his client was mentioned on several occasions in the case, thus his application to have the coalition enjoined in the matter.
Lawyer Danstan Omari outside a court building. /FILE
"We have filed submissions and authorities that this matter is of great concern to us. It's important for the tribunal to give us a chance to canvas the issues," Omari explained.
Omari had presented an affidavit from Oduor Ong’wen in which the coalition wanted to defend themselves against allegations levelled against them.
He had also applied as an interested party since the coalition was directly involved in the August 9, 2022, general elections in which William Ruto was declared president-elect.
However, Muchelule defended by stating that Azimio did not indicate sufficient reasons on how the ruling would affect them, whether the outcome is likely to hurt Masit or not.
"I do not see in the affidavit filed in support of the application any indication that if this tribunal recommends or does not recommend the removal of commissioners, that the decision is going to affect the Azimio la Umoja One Kenya Coalition," Muchelule explained.
Further noting that the coalition's coalition would not add much to the tribunal, Muchelule asked Omari to leave the floor of the proceedings since the tribunal dismissed his application.
"We will subsequently give you reasons for this decision but the matter at hand relates to petitions that were filed in the National Assembly which then led to the appointment of this tribunal.
"The question at hand will be whether the petitions raise sufficient grounds to enable us to make recommendations for the removal of the IEBC commissioners," Muchelule explained.
