NASA suit on poll officials lacks merit – Jubilee

Jubilee party now says a case by the opposition National Super Alliance (NASA) challenging the appointment of constituency and county returning officers without consulting key players has no merit.

Party Secretary General, Raphael Tuju, says that the case has no merit and should be dismissed.

Tuju argues that it is not probable for the commission to consult all political parties every time the commission seeks to transfer and reassign duties of its returning officers who by virtue are staff members.

“If the political parties are to determine who the returning officers will be and also how their duties should be assigned then the commission cease being independent,” said Tuju.

Tuju further argues that IEBC has the executive independence to carry out reassignment of duties of existing staff without involving the political parties.

Meanwhile, IEBC has defended itself saying that participation of political parties and the independent candidates by way of making representation in the appointment process of the returning officers is feasible only when the it is appointing new Returning Officers and not when carrying out the internal reorganization of its staff.

The commission through lawyer Mahamud Jabane submitted that they made several changes in its staff including redeployment of County Election Managers and the Constituency Elections Coordinators.

“Being an independent constitutional commission, IEBC has the administrative independence to recruit, deploy, transfer, redeploy or promote its staff members in accordance with its Human Resource and Administration policies and procedures manual,” argued the polls body.

NASA in their application said that the commission made a decision to do staff changes and movements which did not adhere to the principles of good governance set out in the constitution.

The coalition also said that it is aggrieved by the acts of IEBC because the decision was illegal and unconstitutional and in breach of legitimate expectation.