The IEBC wants the High Court to drop the petition fronted by the father a former Garissa County executive, arguing it was time-barred because the suit was filed more than 28 days after the announcement of results.
The Independent Electoral and Boundaries Commission (IEBC) is against the push to declare Garissa Governor Ali Bunow Korane unfit to hold office on grounds that he does not have a university degree.
The IEBC wants the High Court to drop the petition fronted by the father a former Garissa County executive, arguing it was time-barred because the suit was filed more than 28 days after the announcement of results.
Aden Bare asked the High Court to declare Mr Korane unfit to hold office of the governor on accusation that he presented a forged degree certificate to get a clearance to run for office in the last general election.
“Having been filed outside the time-frame established by Article 87 (2) of the Constitution that is 28 days after the declaration of the election results in respect of the election of Governor of Garissa County, this petition is time-barred,” says the IEBC in its objection to the petition.
The IEBC says the only window remaining for removal of Mr Korane is impeachment by MCAs in line with the law.
“This honourable court, therefore, lacks the requisite jurisdiction to hear and determine this petition,” concludes the electoral body.
On Wednesday, the court directed the parties to file and exchange their responses within 30 days and set mention date for December 19.
The petitioner says his son Mukhtar was seeking to challenge the authenticity of Mr Korane’s master's degree before he was shot in Kileleshwa on August 19.
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Note: The results are not exact but very close to the actual.
