Cases against IEBC filed after April 10 rejected

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By Judy Ogutu            

An application by the Independent Electoral and Boundaries Commission (IEBC) seeking the dismissal of cases on new constituency boundaries filed after April 5 has been rejected.

Judges Mohamed Warsame, Ruth Sitati, Helen Omondi, Pauline Nyamweya and David Majanja were on Wednesday unanimous in the decision that the Preliminary Objection raised by IEBC has no merit.

However, IEBC’s objection was not dismissed entirely as the High Court struck out the cases filed after April 10.

IEBC had sought for the dismissal of some of the cases challenging its decision to delineate new constituency boundaries saying they were filed out of time.

The court ruled that the last effective date of filing the cases was April 10.

“We disagree with IEBC that the last date is April 5. Petitions filed after April 10 have no remedy and are hereby struck out,” the judges ruled.

With the objection out of the way, the hearing of more than 120 cases which are challenging delineation of the new constituency boundaries are set to kick off in Nairobi on June 4.

no consultations

Among allegations raised against the commission is that it changed electoral boundaries without any justification or consultations with constituents and interfered with the size of some constituencies.

The commission is also alleged to have created constituencies and wards in contravention of the guiding principle and criterion entrenched in the Constitution, and has instead set out its own benchmarks in disregard of the law and to the disadvantage of residents.

The five judges who were recently appointed by Chief Justice Willy Mutunga will travel to various parts of the country to hear the cases. This is after some advocates complained about the cost of travelling to Nairobi to argue their petitions.

Disputes arising from Nairobi and Nakuru will be heard in Nairobi from June 4, 5, 6 and 7. Those filed from Mombasa, Malindi, Lamu and Kilifi will be heard in Mombasa on June 8.

Those from Kisumu, Busia, Kitale and Bungoma will be heard in Kakamega on June 11. They will sit in Kisii on June 12.