Law Society of Kenya(LSK) president Nelson Havi has welcomed the move by Independent Electoral and Boundaries Commission (IEBC) to withdraw from the 2022 poll planning committee.

According to Havi the move by Chebukati has spared the chairman shame and embarrassment by withdrawing from the committee formed to prepare for 2022 elections.

“Shame and embarrassment is when you insist on seating on a non-existent chair. You fall down flat on your butt Wafula Chebukati, you have spared yourself shame and embarrassment,” Havi said.

Havi further said that CJ Koome knows well it is unlawful and unconstitutional for her to sit with the Executive and interfere with functions of IEBC, but she doesn’t care.

“A Judge does not descend into the arena of conflict. It is a legal principle known to Chief Justice Martha Koome. She is aware that it is unlawful and unconstitutional for her to sit with the Executive and interfere with functions of IEBC but, like Kibicho, doesn’t care,” Havi said.

The Chebukati led IEBC yesterday pulled out of the National Multi-sectoral Consultative Forum on Election Preparedness (NMSCF).

In a letter signed by chairman Chebukati and addressed to Interior Principal Secretary Karanja Kibicho, the commission also withdrew from the Technical Working Committee (TWC).

“Whereas we recognise that the success of the electoral process is largely determined by stakeholder engagement at all levels, we must respectfully point out that a number of the Terms of Reference of the NMSCF and the TWC has the net effect of violating the Constitution, by purporting to direct the commission on how to discharge its mandate contrary to Article 88 of the Constitution,” the letter stated.

The letter was copied to Attorney General Kihara Kariuki, Chief Justice (CJ) Martha Koome, Treasury CS Ukur Yatani, ICT CS Joe Mucheru, NIS director general Philip Kameru, Police boss Hillary Mutyambai, DPP Noordin Haji among others.

IEBC’s withdrawal comes days after Deputy President William Ruto and CJ Koome, who chairs the multi-sectoral committee, clashed over her role in the committee.

According to DP Ruto, Koome should not be part of the team as she is an arbiter. Ruto and his allies wanted Koome to relinquish her membership in the technical committee on grounds that it compromises her position as CJ as well as President of the Supreme Court.

However, Koome laughed off the criticism and declared that she will not resign from the technical working committee on the 2022 general election preparedness.

The CJ said the independence of the judiciary is well entrenched in the constitution and that it cannot be taken away because of her engagements with government agencies and politicians, in her capacity as the Chief Justice.