Nasa wins case against IEBC

dennis kibet

May 23, 2017 8:54 AM

Judge Odunga said that Nasa had a right by law to be heard as aggrieved parties.

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The National Super Alliance (Nasa) has scored a major victory in a case against the Independent Electoral and Boundaries Commission (IEBC).

The case filed by Nasa leaders led by Raila Odinga challenging the deployment of electoral returning officers ahead of the August elections will now proceed before High Court judge George Odunga.

In his ruling, Judge Odunga said that the opposition alliance has a right to defend the Constitution where it is deemed to have been violated.

While declining to have the case dismissed, Judge Odunga said that Nasa had a right by law to be heard as aggrieved parties.

No consultations

The Raila-led alliance sued IEBC on grounds that the commission did not consult them when the officials were being hired and thus had acted unconstitutionally.

NASA maintained that the election law allows political parties to give views on persons to be appointed as returning officers.

Nasa also claimed that the process was secretive and was driven by ulterior political considerations 'in a manner that defeats the principles of the supreme law and the right to fair administrative action'.

Last week, IEBC has asked the high court to dismiss the case saying that NASA lacked the capacity to file the petition since it is a coalition.

President Uhuru's accusation

President Uhuru Kenyatta has also accused Nasa of stalling the electoral process by repeatedly placing barriers through a number of court injunctions.

The NASA principals Raila, Kalonzo Musyoka (Wiper), Musalia Mudavadi (Amani National Congress), Moses Wetangula (Ford Kenya) and Isaac Ruto of Chama Cha Mashinani have already threatened to boycott the August 8 elections if an appeal logged by IEBC goes through.

IEBC wants the Appeal court to overturn a high court ruling that election results announced at the constituency level are final and should be used to determine winners in the general elections.

dennis kibet