Electoral agency faults order to extend primaries period

Independent Electoral and Boundaries Commission Chairman Wafula Chebukati addresses journalists at Anniversary Towers in Nairobi on March 24, 2017. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • IEBC chairman Wafula Chebukati faulted the courts for failing to accord the electoral commission a hearing before granting the application by a Non-Governmental Organisation.
  • The Angaza Empowerment Network had said many Kenyans will be locked out of the nominations, if the period for conducting the party primaries was not extended beyond the Wednesday deadline.
  • Malindi High Court judge Weldon Korir directed that all political parties continue with their nominations until May 1 pending the hearing of the application.

A court order extending the party primaries by five days will eat into the time set aside for political parties to resolve disputes arising from the nominations, the electoral agency has warned.

Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati also faulted the courts for failing to accord them a hearing before granting the application by a Non-Governmental Organisation on Monday.

The Angaza Empowerment Network had said many Kenyans will be locked out of the nominations, if the period for conducting the party primaries was not extended beyond the Wednesday deadline.

Malindi High Court judge Weldon Korir directed that all political parties continue with their nominations until May 1 pending the hearing of the application.

DISPUTE SETTLEMENT

“That means there will be few days for dispute settlement, which is a special component of the primaries. What has been interfered with is the timelines for dispute resolution,” Mr Chebukati said.

Justice Korir also directed that gazette notices published in a special issue of the Kenya Gazette on March 17 that direct political parties to conclude their nominations by April 26 be suspended for seven days.

“Nonetheless, we expect political parties to submit their candidates’ names on or before May 10, 2017 while independent candidates should submit their symbols and the notice of intention to vie as an independent candidate on or before May 8, 2017. All the timelines in the notices have not been affected by the court order,” he said.

“The Commission will appear before the Judge tomorrow (today) to raise its concerns about ex parte orders which are final in nature but as a law abiding institution, the commission will obey the Order,” he explained.

TURNED DOWN REQUEST

The order comes a day after the poll agency turned down a request by political parties to extend the nominations deadline, citing a packed calendar.

On Monday, Mr Chebukati said the commission is mandated by law to set timelines for party primaries.

He pointed out that the Elections Act is clear that the commission shall by notice specify the period within which political parties must carry out nominations.

The commission chief executive Ezra Chiloba said they were surprised by the order but expressed optimism that their lawyers would handle the issue.