Throw out NASA poll case, IEBC tells court
IEBC has asked the court to dismiss a case filed by NASA challenging the appointment of Constituency and County returning officers.
The commission’s lawyer Paul Nyamodi says that NASA lacks the capacity to file such a case, saying that the Opposition has no grounds to sue since it is a coalition – not a party.
“The status to sue or to be sued does not extend to coalition,” argues Nyamodi.
Meanwhile, President Uhuru Kenyatta’s Jubilee Party has been enjoined as an interested party in the case.
In a suit that was certified urgent Thursday, May 19, NASA argued that IEBC’s move is an affront to the principals of the electoral system.
NASA claims that the Wafula Chebukati-led commission has acted unlawfully by not allowing political parties to make representations on the appointment of returning officers, as required under electoral laws.
NASA further claims that the appointment of the poll officers was shrouded in secrecy and “in a manner that defeats the principles of the Supreme Law and the right to fair administrative action”.
The Opposition further argued that the exercise was completely unlawful.
“The process leading to the unlawful decision is unfair and violates the basic tenets of the rule of law as IEBC did not adhere to the principals of good governance,” NASA adds
As a result, the opposition wants the April 27 decision suspended pending determination of the case on grounds that it undermines democratic, free and fair election process.
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