Round one win for NASA in IEBC elections case

The Independent Electoral and Boundaries Commission (IEBC) has lost to the Opposition in the first round of a hearing over a petition presented to the High Court objecting the hiring of returning officers without the involvement of political parties.

Justice George Odunga on Monday, May 23 dismissed the plea by the IEBC to have case thrown out on the grounds that the National Super Alliance (NASA) is a coalition – not a duly registered political party, hence they did not qualify to file a petition under the political parties’ clause.

In a ruling that sections have deemed an early win for NASA, Odunga ruled that the case would commence on June 14.

In their petition to the high court, NASA argued that the constitution gives everyone equal chances to present a petition for a hearing.

“The respondent (IEBC) has acted in an unconstitutional manner in that the applicant (NASA) and its constituent political parties have not been accorded an opportunity to make representations on persons to be appointed constituency and county returning officers,” the coalition said.

The Opposition reads mischief into IEBC’s action saying, the poll body is not upholding transparency and accountability in the exercise.

“The process leading to the unlawful decision is unfair and violates the basic tenets of the rule of law as the IEBC did not adhere to the principals of good governance,” the court was told.

NASA maintains that poll laws allow political parties to give their views on persons who should be appointed as returning officers.