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Case seeking to declare IEBC illegally constituted dismissed

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The High Court has dismissed a petition seeking to declare the Independent Electoral and Boundaries Commission (IEBC) illegally composed following the resignation of four commissioners.

Justice Wilfrida Okwany said a vacancy in the commission does not invalidate its composition.

She further said nothing bars the commission from conducting the by-elections.

The judge said the conduct of an election or a by-election is not a matter that arises out of the resolutions or decisions made by the commission at a meeting.

Instead, it is dictated by the operation of the law following a vacancy in the elective positions, which are subject of the election of by-election, she said.