Hon. Lady Justice Philomena Mwilu, Deputy Chief Justice and Vice President of the Supreme Court Itchy Questions to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Hon. Lady Justice Philomena Mwilu, Deputy Chief Justice and Vice President of the Supreme Court asked Nine (9) itchy questions during the siting of the 2022 Kenya Presidential Election Petition 

The nine (9) itchty questions asked by Lady Justice Philomena Mwilu are:

1. Clarify what is the constitutional role of the six commissioners under Article 140 of the Constitution. Juxta-pose their role against that of the secretariat and the chairperson.

2. The fact that numbers are undisputed, comment on the walking out of the four commissioners almost as the chairperson was almost to announce the results.

3. Does their walking out mean anything under Article 140? If it does why?

4. Did the postponement of eight electoral areas affect only presidential vote? Have the subsequent election returned a different result to the turn-out? If they have, in what respect?

5. What is the IEBC supposed to do when there are no agents for the candidates since Article 81 places burden of ensuring that we have a fair and free election on IEBC?

6. What is the position to be taken by a commission in an election dispute?

7. What is the role of the seven commissioners?

8. Is it a position to be taken by any party or neutral like IEBC? If they take a position as they have done in this case, what is the court to do?

9. Tell me what IEBC was supposed to do. On one hand they were being told to hurry up yet they still had another day?