The High Court will today rule on an application by 12 Nakuru-based voters who are seeking an injunction restraining NASA leaders from interfering with the operations of the Independent Electoral and Boundaries Commission (IEBC).
The petitioners list the Orange Democratic Movement, Wiper, Ford Kenya, Amani National Congress, IEBC and its chairman Wafula Wabukati, the Registrar of Political Parties and the Attorney-General as the respondents.
They want NASA barred from “obstructing, impeding or otherwise interfering with the independence, operational autonomy, space and quiet of the Independent Electoral and Boundaries Commission to plan for and conduct fresh presidential elections ordered by the Supreme Court of Kenya in accordance with Article 140(2) of the Constitution.”
The petitioners want the Respondents stopped from removing IEBC Commissioners, members of secretariat and electoral officials and replacing them with “politically or informally appointed ad hoc body of officers for purposes of conducting the fresh presidential elections pursuant to Article 140(2) of the Constitution.”
Further, they want Mr Chebukati barred from establishing “a commission within the Commission or a special projects team for purposes of conducting the fresh presidential elections ordered by the Supreme Court pursuant to Section 140(2) of the Constitution.”
“The Court has a sacred duty to ensure the fresh presidential elections are held as ordered by the Supreme Court and that any attempt or political conspiracy to establish a government by triggering a constitutional crisis is nipped in the bud,” says the petition drawn by Nairobi-based lawyers, Kinoti & Kibe Advocates.
When the matter came up before Lady Justice Langat Korir last Thursday, she directed that in view of the drastic orders sought against the NASA parties, they would be given another chance to respond to the petition “if they wish”. In default, the orders sought in the application will be granted and the petition set for hearing.
The Attorney-General and Mr Chebukati filed their responses last week (See attached).
The petitioners want a declaration that the position paper of the National Super Alliance dated September 12, 2017 constitutes “gross violation of the independence of the Fifth Respondent protected by Articles 248 and 251 of the Constitution read with Sections 10(8), 15 and 26 of the IEBC Act, 2011.
They ask that “a declaration be issued to declare that under the Elections Act, 2011 and Regulations thereunder Election Monitors have no mandate to sign off elections materials and results declaration forms during the fresh presidential elections to be held pursuant to Article 140(2) of the Constitution” and that “the clamour/demands by NASA contained in its position paper dated 12th September, 2017 seeking the appointment of Returning Officers from a pool provided by political parties violates Articles 81, 86 and 248 of the Constitution.”
The 12 petitioners want a declaration to be issued to declare that the irreducible minimum Reforms contained in NASA position paper are “illegal, null and void ab initio to the extent that they seek to establish a political special purpose vehicle to conduct the fresh presidential election.”