Activist wants Chebukati cited for contempt of court over voter listing

An activist sued the Independent Electoral and Boundaries commission (IEBC) protesting against a decision by the electoral agency to close continuous voter registration contrary to the law.

In a suit filed against the IEBC, the Directorate of Immigration and Registration of Persons and the Attorney General, Mr Okiya Omtatah wants the IEBC cited for contempt of court.

Mr Omtatah argues that the IEBC had initially told court that the continuous voter registration exercise would continue up to sixty days before the election date as required by law.

He claims that the IEBC, has, instead gone against its word to the court and has therefore acted in contempt of court, hence should not be spared for violating the law.

“The actions of IEBC are totally contemptuous and must be punished, IEBC is fully aware of the decision and directions issued by the court since the undertaking that was made unconditionally by its lawyer, it is bound by its pleadings before this court,” he said.

PERIOD EXTENDED

The activist had on February 13 moved to court to protest against the deadline set for the closure of the voter registration countrywide.

And High Court judge Enoch Chacha Mwita issued temporary orders then that saw the period extended to February 14.

When parties appeared before him two days later for a hearing, IEBC had told the court that the continuous voter registration exercise would go on until 60 days to the August 8 polls as required by Section 5 of the Elections Act.

The IEBC had urged the court not to consider the registration exercise while arguing that the process would interfere with budgetary allocation for the electoral commission in preparation for the elections.

But the judge had dismissed this argument and extended the registration process to February 19.

There was no order however to the IEBC with regards to the closure of the continuous voter registration exercise which according to Mr Omtatah is because the commission gave the court its word while giving an assurance that the law will be followed to the latter.

But in a gazette notice dated March 27, the IEBC suspended the said process on March 7 until after the polls on September 6.

According to the IEBC, the suspension is to allow inspection and verification of biometric data as well as particulars of registered voters.

Mr Omtatah now wants the IEBC chairman Wafula Chebukati and its commissioners to be cited for contempt and that the gazette notice issuing the suspension of continuous voter registration to be quashed.

He further wants the suspension stopped by court pending the hearing and determination of his case.