The Law Society of Kenya (LSK) reported yesterday that after the presidential election results were announced on Monday, it had temporarily held off from issuing any legal view about the issue of the electoral commission’s quorum.
In the event that an election petition is filed to challenge the results, LSK President Eric Theuri said it is possible that the topic may become a “live issue” in court.
“We would wish to, at this point, restrain from giving a legal commentary on it but in the event that a petition is filed in court, then LSK will be seeking to make its position known before the court to assist in its determination of that issue,” Theuri said.
The LSK President says that because there is still time to file a petition, there have already been one or two judicial judgements about the IEBC quorum and its potential impact on elections.
He added: “Since the window for filing petition to challenge the results has not yet expired, as a society we cannot comment on it considering that it might become a live issue for determination before the courts,” Theuri explained.
Theuri stated that the quorum issue is one of the areas LSK may be looking at as a potential subject for law amendment if no petition is submitted to contest the outcomes.
In order to ensure that the nation does not experience the same level of concern as a result of the four IEBC commissioners separating themselves from the decision that was made in relation to the announced results, he said that LSK will investigate the situation if it does not end up in court.