The Judiciary has castigated Citizen TV over a report it aired on Saturday, February 1, 2025, which stated that the Supreme Court was to deliver its decision on the Independent Electoral and Boundaries Commission (IEBC) application on Monday, February 3, 2025, regarding the review of constituencies ahead of the 2027 elections.
In a statement, on February 3, the Judiciary referred to an article published on Citizen TV’s Digital platform on February 1, 2025, titled ‘Supreme Court to rule on Monday whether more constituencies will be formed before 2027.’
The article stated, “All eyes are on the Supreme Court on Monday, as the seven-judge bench will make a landmark determination on whether the country will have new constituencies in the 2027 election. The country faces a constitutional crisis over the delimitation of constituencies and ward boundaries that have already lapsed.”
The Judiciary emphasized that the Supreme Court acknowledges that IEBC has requested an advisory opinion in Reference No. E004 of 2024.
“In the Matter of an Application by the Independent Electoral and Boundaries Commission for Advisory Opinion both publications by Citizen TV border on misinformation of the status of the case to the general public,” reads part of the statement.
IEBC Case Flow of Events
The Judiciary said the chronology of events relating to the case is as follows:
1.IEBC filed reference dated 2nd July 2024 on 4th July 2024.
On 8th July 2024, the matter was listed before the Deputy Registrar for directions.
IEBC sought 14 days to file a written brief. Counsel for the Attorney General was not present. The Court directed the matter be placed before the Court for appropriate directions.
2.On 30th July 2024, the Centre for legal Aid and Clinical Legal Education (CLACLE) at the Kabarak University Law School filed application dated 25th July 2024 seeking leave to the admitted as Amici Curiae (friend of the court).
3.Directions on the Application were issued on 1st August 2024; parties were granted leave to canvass the same through written submissions.
Further mention for compliance was slated for 23rd August 2024.
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4.The application was heard on 14th October 2024 and a Ruling delivered on 13th December 2024 with the court dismissing it for reasons set out in the body of the Ruling.
5.The matter was thereafter listed today, 3rd February 2025, before the Deputy Registrar for directions on compliance of the directions earlier given to the parties.
IEBC applied for seven (7) days to file its submissions.
Given the urgency of the matter and the time spent on interlocutory issues, the Judiciary granted IEBC three days to file and serve its submissions and two days for the Attorney General to respond after service.
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Judiciary Issues Further Clarifications
The Judiciary also clarified that no further directions will be issued.
Once the parties file their submissions, the case will be presented to the Chief Justice for empanelment, and a hearing date will be scheduled soon after.
“We hope the above information clarifies the true status of the case and we urge the news outlet to, in the same manner as it explicitly aired the above referenced news item, to clarify to the wider general public the true status of the case,” Judiciary said.
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