Group wants Kenyans abroad registered for vote

Civil society activist Okiya Okoiti Omtatah (right) confers with lawyer Charles Kanjama (left) after filing a case in which they want the Interim Independent Constitutional Dispute Resolution Court to compel the elections body to register Kenyans living abroad June 24, 2010. Photo/PAUL WAWERU

The dispute resolution court has been asked to stop the referendum and compel the Interim Independent Electoral Commission to register Kenyans living abroad as voters.

This request comes a day after a five-judge bench from the Interim Independent Constitutional Dispute Resolution Court directed that prisoners be registered as voters in the next 21 days.

The new case filed by six people, among them activist Okiya Okoiti Omtatah, is also seeking orders to bar the Attorney-General, IIEC and the Committee of Experts on constitution from conducting partisan civic education.

However, Judge Violet Mavisi who presided over the case declined to grant the order to stop the three institutions saying the they have to be present and give their side of the story.

Urgent

She, however, certified the case as urgent saying it raises weighty issues which need to be resolved before the August 4 referendum.

In their application, the six are also seeking for orders to compel the AG, CoE and IIEC to provide full account of public funds and resources utilised so far in the ongoing review process.

Also sought is an order to restrain the three institutions from utilising civic education funds without following open competitive procurement procedure.

They want the three to be further stopped from facilitating or funding any further civic education or political campaign of any party.

In an affidavit sworn in support of the case, Mr Omtatah and Prof Barrack Obonyo said their constitutional and legal rights to participate fully in the review process as part of sovereign power has been compromised.

The two say they have a right of access to the verbatim record of the proceedings and meetings of the CoE.

Both the AG and the CoE, they said, have continued to engage in partisan civic education and political campaigns to the prejudice of their rights to a fully free and fair national referendum.

They say Kenyans will suffer irreparable damage should the August 4 referendum proceed and the proposed constitution come into force with the attendant irreversible repeal of their constitutional rights.

The six further say that the balance of convenience favours caution and legitimacy in the review process and not a divisive referendum tainted with illegitimacy and illegality.

The case will be heard in presence of all the parties involved on Monday next week.