The case had been filed by three voters who asked the court to bar Chiloba, Chairman Wafula Chebukati and commissioners from overseeing the new presidential election on grounds that they bungled the August 8 General Election.
The voters moved to court after the Supreme Court nullified the election of President Uhuru Kenyatta in a successful petition filed by NASA presidential candidate Raila Odinga.
Chiloba, Chebukati, Consolata Nkatha (vice chairman), and commissioners Roselyn Akombe, Prof Abdi Guliye, Margaret Mwachanya, Paul Kurgat, and Boya Molu had been listed as respondents. The argument of the three was that the commissioners and Chiloba are public officers at the electoral body, therefore, should have delivered credible poll as they raise integrity questions.
Initially, they wanted the court to issue a conservatory order restraining Chebukati and Chiloba from supervising the presidential election, pending the hearing and determination of the application, but the court did not issue any orders.
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