Continue doing your job but don’t touch referendum – court tells IEBC
A three-judge Court of Appeal bench has allowed the IEBC to continue discharging its functions as envisaged in the constitution.
The bench consisted of the Court of Appeal President Justice Daniel Musinga, Justice Roseline Nambuye and Justice Hannah Okwengu.
IEBC has however been barred from handling issues relating to the Building Bridges Initiative (BBI) Constitutional Amendment Bill, 2020.
The three gave the interim orders after presiding over the Case Management Conference on the BBI appeal case
"The IEBC shall continue to discharge its statutory and administrative functions say dealing with any of the contentious issues arising in the High Court judgement relating to the Constitution of Kenya Amendment Bill which was subject to High Court Judgement," the three-judge bench ruled.
The orders now allow the electoral body to continue discharging its duties freely among them preparing for the incoming by-elections.
High Court ruling in May ruled that the IEBC lacked the requisite quorum to discharge its constitutional duties on the referendum bill.
The ruling said the IEBC needed to have a minimum of five commissioners so that it can undertake its duties.
IEBC Chair Wafula Chebukati said they will appeal the ruling given that another ruling in 2018 said the body can operate with a minimum of three commissioners.
At the same time, the three-judge bench ruled that the appeal will be heard by seven-judge bench.
Justice Musinga will constitute the bench after being permitted by Chief Justice Martha Koome.
The hearing on the appeal will be done in four days between June 29 and July 2.
Court of Appeal will later rule on the matter within a month after the hearing.
