Nasa wins first round against IEBC over elections officers

A case filed by Opposition leaders challenging deployment of electoral returning officers will proceed before High Court judge George Odunga.

This follows a verdict issued on Monday by the Justice Odunga when he dismissed an objection raised by the Independent Electoral and Boundaries Commission (IEBC).

In his verdict, Justice Odunga declined to have the case dismissed as the commission had requested saying that the National Super Alliance (Nasa) have a right by law to be heard as aggrieved parties.

And while defending Nasa as not being busy bodies by taking their protests to his court over the IEBC’s actions, the judge also pointed out that other earlier verdicts from various countries indicate that a case can be taken to a court by an aggrieved party with a genuine grievance.

“Therefore based on the authority and Constitution, Nasa, being a party who claims that is aggrieved by the decision of the IEBC clearly has a standing as per the law to agitate its rights before this court,” said Justice Odunga.

DID NOT CONSULT

Nasa had moved to court last week seeking to have the selected and deployed returning officers in the 290 constituencies as well as 47 counties meant to oversee the August 8 polls be barred from going on with the work they are supposed to undertake.

According to Nasa, the commission led by its chairman Wafula Chebukati did not consult key players before embarking in the recent selection, transfer and deployment of returning officers.

Through lawyer Willis Otieno, Nasa faulted the IEBC for making a unilateral April 27 decision on the matter.

They also claimed that the process was secretive and was driven by ulterior political considerations ‘in a manner that defeats the principles of the supreme law and the right to fair administrative action’.

Nasa wants the decision suspended pending the determination of the case on grounds that it undermines a democratic, free and fair election process.

DISMISS SUIT

However, IEBC, through its lawyer, Paul Nyamudi, had asked the judge not to have the case heard or determined on grounds that Nasa is not a political party but a coalition.

He had earlier told court that a coalition is of a lesser status than political parties hence Nasa have no right to sue on matters of interest to the public. And consequently asked the court to dismiss the suit.

But Nasa further argued that since the coalition is recognised by the Registrar of Political parties, it can still enforce rights within that outfit.