Government sued over much hyped delivery portal
High Court advocate, Apollo Mboya, has sued the government for setting up an advertisement portal and for using tax payers money in advertising their four years achievement during this election period in contravention to the Election Offences Act.
While terming the information as misleading, Apollo noted that the government launched the advertising portal barely weeks after the Independent Electoral and Boundaries Commission (IEBC), through a special gazette notice, advertised the election date.
Apart from the portal violating the law, Apollo maintains that most content in the portal are misleading Kenyans with intention to persuade voters adding that the government illegally used tax payers funds to put up and maintain the portal contrary to the law and that the government is using the portal as a campaign platform which is in violation of the law.
“Section 14 of Election Offences Act provides that no candidate or government shall publish any advertisements of achievements in any media platform,” argues Apollo in the petition.
He complains that when he noted the violation, he wrote to the Director of Public Prosecutions (DPP) and the IEBC to take action against the government in vain.
He, therefore, wants the court to declare that the portal is in violation of the law hence null and void.
He also wants a declaration that delay or refusal for DPP to take action against the government in unfair, therefore, unconstitutional.
The Senior Counsel also wants the court to issue a permanent injunction to the national government not to advertise any purported achievement this election period.
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