With the Judiciary being involved in solving post-electoral disputes among winning and losing presidential candidates, it is only fair that it should not involve itself in the election process.
According to Hon. Beatrice Adagala, in an interview this morning “If the Chief Justice Martha Koome is involved in planning and sitting with IEBC, that is not proper. Chebukati should be left to handle IEBC alone. In any case of presidential complaints after the elections, they will end up on her desk”.
She explained further, saying that in a situation of public outcry, the public and political leaders should feel safe while filing complaints on her desk, just like it was in the previous 2017 general elections.
Madam Adagala emphasized that the presence of the Judiciary in IEBC affairs will only compromise the elections set for August next year. She urged Martha to let the IEBC do their work independently. This statement from Madam Beatrice Adagala has aligned with what the president of the Law Society of Kenya, Mr. Nelson Havi was saying, a day before Adagala was interviewed on live TV. Havi mentioned that it was a shame and embarrassment for Martha Koome to sit on a non-existent chair.
“You fall down flat on your butt. How will Martha Koome chair the unconstitutional consultative on electoral preparedness?” Nelson explained.
Despite this, several members of the public disagree that Koome should opt out of the IEBC. They explain that it is better to sit within the IEBC and wait to determine fraud, even though the move itself is a flawed process. In this case, the end justifies the means, and thus a free and fair election is most important despite the methods employed to attain it. The end goal here is to stop fraud that will prevail in her absence from IEBC.