11 MPs obtain boundaries order

Mathira MP Ephraim Maina and ten other legislators obtained a new set of orders barring the boundaries team from gazetting the new constituencies November 19, 2010. FILE

A new set of orders barring the boundaries team from gazetting the new constituencies were issued Friday morning after 11 MPs went to court.

High Court Judge Jeanne Gachehe, who has already granted previous orders, issued new ones stopping the Interim Independent Boundaries Review Commission (IIBRC) from publicly declaring any report or recommendation.

The MPs, drawn from central Kenya, moved to court on grounds that the Commission hastily and with disregard of criteria threatened to publish the new constituencies.

The group led by Mathira legislator Ephraim Maina said IIBRC did not have any powers to publish the new constituencies.

According to them, such powers lies with the successor of IIBRC, the yet to be formed Independent Electoral and Boundaries Commission.

The MPs have also accused the chairman, Andrew Ligale and two other commissioners of refusing to resign from office despite the fact that he is in the position illegally.

“Their continued participation in the Commission is infringing to the rights of Kenyans to a free and fair electoral system and process," they say.

The group appeared before Justice Jeanne Gacheche who granted them the orders. This becomes the second set of orders to be issued by the same judge even as MPs plot to censure her.

The group, like in the previous application by businessman John Kimanthi, accuse the Commission of failing to consult the public and other stakeholders.

They also accuse the team of using provisional census results. According to them the true census result is yet to be ascertained.

IIBRC considered the Kenyan population in reaching its recommendations to have additional 80 constituencies.

The MPs include: Johnston Muthama (Kangundo), William Kabogo (Juja), David Musila (Mwingi South), Peter Kenneth (Gatanga) and Njoroge Baiya (Githunguri).

Others are: Cecily Mbarire (Runyenjes) , Ferdinand Waititu (Embakasi), Simon Mbugua ( Kamukunji) and Nelson Gaichuhie (Subukia).