The legal battle initiated by activist Khalef Khalifa against former Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati, Azimio leader Raila Odinga, and Wiper leader Kalonzo Musyoka will proceed despite the death of Chebukati in February 2025. The case concerns alleged irregularities in the 2022 general elections, a matter that has sparked significant public interest and political debate.
The case, which was mentioned before High Court Judge Lawrence Mugambi, faced a procedural challenge when Chebukati’s lawyer informed the court that his client’s passing had left the defense in limbo. The lawyer disclosed that they had not received any instructions on how to proceed with the case, given Chebukati’s death. Consequently, the court acknowledged that responses to the application were pending, particularly those which were supposed to be filed by the petitioner.
During the court session, the judge emphasized that the case would continue despite these hurdles. All parties involved, including the respondents and the petitioner, were directed to file their responses and submissions within the stipulated timeframe. The court also scheduled a follow-up mention for July 1, where a ruling date will be set. This decision means the matter will not be put to rest with Chebukati’s passing and will likely proceed through the legal channels for further adjudication.
Khalef Khalifa’s petition seeks to address alleged flaws in the 2022 electoral process, particularly questioning the legitimacy of the election results. The case has been seen as a critical examination of the electoral system in Kenya, one that holds key political figures accountable for their actions during the elections.
As the case progresses, it remains to be seen how the courts will handle the absence of one of the main respondents, and whether the surviving leaders—Raila Odinga and Kalonzo Musyoka—will be required to address the claims in a more comprehensive manner.
