Kivuitu seeks to block new poll team

Former Electoral Commission of Kenya chairman Samuel Kivuitu. Photo/FILE

Former Electoral Commission of Kenya chairman Samuel Kivuitu and his 21 commissioners on Wednesday moved to court seeking to stop a House team from naming members of an interim electoral body.

Also sought is an order to compel the Government to continue paying the disbanded ECK staff their salaries.

The former commissioners say they are entitled to their salary as they were not sent home according to provisions of the Constitution.

They maintain that as a result their appointments still stand.

Lacks power

The Constitution provides that for ECK commissioners to be sent home, a tribunal has to be formed to investigate their conduct and based on the outcome, a recommendation is made to the Head of State for their removal or otherwise.

They said the Parliamentary Select Committee lacks power to nominate members of the Interim Independent Electoral Commission, a body which is meant to replace the disbanded ECK.

The new commission will supervise any polls from now until a permanent outfit is formed once a new constitution is in place.