[Chief Justice David Maraga and Wafula Chebukati in a past event. A constitutional lawyer contends that they are big losers in election laws amendment. Photo/capitalfm.co.ke]
IEBC Chairman Wafula Chebukati and Chief Justice David Maraga would be biggest losers should President Uhuru Kenyatta assent to proposed election laws amendments.
Should they be implemented, the executive authority holders of the two officers would have their roles taken over by any of their colleagues.
Constitutional lawyer Moseti Moseti avers that the laws could threaten the independence of the IEBC and judiciary given the ‘lack of order’ that could emerge.
“That any Supreme Court judge would swear in the president is an indication that there could be lack of order in our institutions.
“It is even worse that IEBC chairman can be replaced anytime in execution of his roles. These laws will sometime create uncertainty in the country,” he says.
Jubilee legislators have defended the move saying it would seal a lacuna that may emerge in the event holders of the office are in ‘awkward’ situations.
Currently, the Chief Justice has monopoly of powers to swear in a president while the chairman of IEBC is the only personal with obligation to announce winner of a presidential contest.