[Wafula Chebukati in a past event. His resignation or excommunication from IEBC will lead to a constitutional crisis. Photo/Nation]
Electoral body IEBC chair Wafula Chebukati is an indispensable asset for both President Uhuru Kenyatta and opposition leader Raila Odinga, says lawyer Nelson Havi.
Although Chebukati has maintained his will not quit office following August 8 elections, a section of Jubilee leaders have threatened to take action against him over changes he made in election project team.
And Havi says decision by parliament to recruit Consolata Maina, Chebukati’s deputy, gives the chair security of tenure given that she is not a lawyer.
“Chebukati is an important asset to the country. Should they push him out and replace him with the deputy, there will be a constitutional crisis.
“The deputy is not a lawyer hence cannot announce presidential election results and that will lead to a constitutional crisis. Further, Uhuru cannot be able to appoint another person because he is a temporary incumbent,” he says.
Should Chebukati decide to bolt out of the commission, the move will subject the country to a constitutional crisis since he cannot be replaced because of the aforementioned reasons.
IEBC Act says presidential results cannot only be announced by the chairman or vice chair, who must have legal background. Ms. Maina is not a lawyer.