Voter wants IEBC out of upcoming by-elections

A voter has moved to court seeking to halt preparations by the Independent Electoral and Boundaries Commission (IEBC) for the upcoming by-elections in three counties.

Mr Isaiah Biwott Kangwony has sued the IEBC and the Attorney -General claiming that the electoral agency is not properly constituted to manage an election.

The three by-elections are scheduled take place on August 17 in Baringo South (parliamentary), North Kadem (ward) and in Bobasi Chache (ward).

According to Mr Kangwony, presiding and holding by-elections in these areas would be illegal since three commissioners from the IEBC are out of office.

Through lawyer Arnold Oginga, he argued that it is a waste of public funds if the preparations continue and the exercise conducted yet the IEBC lacks quorum.

He added that the commission as currently constituted violates the two thirds gender rule.

He  faulted the AG for failing to appropriately advise the government regarding the issue.

“As currently constituted and owing to the resignation of its commissioners, IEBC cannot carry out its duties or undertake any such functions as the same would be contrary to the Constitution, IEBC Act and various electoral laws,” said Mr Oginga.

He added: “ it is only fair that this matter is heard expeditiously to preserve the rights of voters in these areas and halt wastage of public funds towards an illegal activity. “

IEBC commissioner Roselyne Akombe resigned on October 17, 2017 while three other commissioners; Consolata Maina, Paul Kurgat and Margaret Mwachanya left office on April 16.

Their exit left Mr Wafula Chebukati, Commissioners Boya Molu and Abdi Guliye at the IEBC.