Judge Chacha Mwita stopped Consolata Nkatha, Margaret Mwachoya, and Paul Kurgat from taking over their former offices at the IEBC until a case filed by activist Okiya Omtatah is heard and determined.
The orders come at a time when IEBC chairman Wafula Chebukati has stated separately that the three will not be accepted back after their public resignation on April 16.
Three former Independent Electoral and Boundaries Commission (IEBC) commissioners on Tuesday suffered a setback after the High Court stopped them from resuming duties.
Judge Chacha Mwita stopped Consolata Nkatha, Margaret Mwachoya, and Paul Kurgat from taking over their former offices at the IEBC until a case filed by activist Okiya Omtatah is heard and determined.
The orders come at a time when IEBC chairman Wafula Chebukati has stated separately that the three will not be accepted back after their public resignation on April 16.
Mr Chebukati declared that they duly resigned, going to the extent of returning the commission’s property, and were cleared to leave.
Mr Omtatah argues in court papers that he seeks to protect the Constitution and the rule of law which he says has been threatened by their action.
“The application seeks to stop the imminent resumption of duty by the three, who have announced and demonstrated their shameless resolve to resume duty, some five months after they voluntarily resigned and stopped reporting on duty,” Mr Omtatah says.
He argues in his urgent application that the three had stated under oath that they had formally resigned by writing to the President and had handed over their offices, and their salaries and benefits had been stopped.
“Later, they formally cleared with the IEBC on grounds that they had resigned,” Mr Omtatah says.
He says the officials have purported to rescind their decision to resign by relying on sections of a judgment delivered recently, which failed to resolve the controversy surrounding their resignation.
Mr Omtatah claims that the judge deliberately left the High Court to determine matters concerning their resignation, and hence it is erroneous for them to claim that the court found that they had not resigned and, therefore, are still commissioners of the IEBC.
“Equally important, the three were State officers and public servants who were bound by a code conduct enshrined in Articles 73 and 75 of the Constitution.”
Further directions will be issued on September 17.
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