Lawyer Donald Kipkorir has penned an open letter to resigned and unresigned IEBC Commissioners Connie Maina and Margaret Mwachanya.
From Donald Kipkorir
Five months ago, you jointly resigned citing inter alia that you can’t work under IEBC Chairman Wanyonyi Chebukati. Your purported decision to unresign is Unconstitutional, Illegal, Unlawful, Corrupt and Criminal. Let me try to break it down for you:
1. The purported case you are relying on is Nairobi Hc Petition No. 212 Of 2018, Isaiah Biwott Kangwony versus IEBC …. You are not Parties to it. A Court Clerk will advise you that Court Orders are only enjoyed by the Parties in Court. Strangers don’t. How you are climbing onto a case that is not yours is stupidity of the highest order.
2. In any event, the above case didn’t say you return to work. Mr. Kangwony had sought orders that IEBC be disbanded because of lack of quorum. The Petition was dismissed in entirety. The Court Decree extracted that is enforceable will read: “Petition Dismissed”. So, what Orders will you enforce?
3. Further, within the judgment, the Judge in what in law is called Obiter Dicta said that your resignation was unprocedural … He didn’t say it be undone …. My BFF Gor Semelang’o likes using the word “ex tempore” which means the same as Obiter Dicta … words that are not on Record or words that are not enforceable …. Words that are made by the way and with no substratum.
4. The Constitution and established law sets out how one can be removed from office. But personal resignation is not legislated anywhere. All human beings from Azerbaijan to Zimbabwe irrespective of legal systems are free to resign from office. There is no formula or method of resigning. You are free to resign orally or in writing, privately or in public, in a press conference or at a funeral service. Your resignation was in Order and Good.
5. IEBC Commissioner is a full time job. Established employment law is clear that where one absents themselves from duty for even few days, it is gross misconduct fit for Summary Dismissal. You absented yourself for over FIVE MONTHS!!!! It is not even gross misconduct.
6. Your action violates Chapter 6 Of The Constitution and The Leadership & Integrity Act, No. 19 Of 2012. You broke every Article and Provision of the Integrity Law.
7. Your actions to walk away from public office and wanting to come back is criminal and corruption. For sure know that if DPP Noordin Haji doesn’t arrest tomorrow and arraign you in Court, it doesn’t mean you will get away. There is no time limitation on crime. One day, you will be arrested and charged. Save this post.
Finally, John McCain died today. McCain exemplified everything that is required from a patriot. Love of Country above self. Love of country above politics. But the two of you are the poster children of all that is wrong. You represent the worst in us. You love self above all. We are yet to give decent burial to those that died because you mishandled the elections. The handshake between the President and the Prime Minister is still going through its motions.
I know your selfishness is overwhelming. Jezebel maybe your role model, but spare us your catwalk drama and leave us alone. Be gone. You are shameless and amoral.
PS. If you received legal advise to return to work, you have a duty to disclose the names of those lawyers, because they are not worthy the be in the Roll of Advocates.
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