, NAIROBI, Kenya, July 11 – The high court has ordered the candidate for the Migori gubernatorial seat Ochilo Ayacko to serve the Independent Electoral and Boundaries Commission (IEBC) with suit papers in a case where he wants the electoral body halted from prosecuting him over alleged incitement to violence.
Justice William Musyoka gave the petitioner 36 hours to effect the service and the matter be heard on Wednesday by all parties.
The Judge said the matter before the court can only be determined after all parties have been served and filed their responses.
The aspirant contesting as an Independent candidate filed an application at the high court seeking to bar the Commission’s committee charged with code of conduct from preferring criminal charges against him.
Ayacko said that the Commission’s committee has overstepped its mandate and purported to act outside the law.
He wanted the decision of the committee set aside and that he should be cleared of any election misconduct arising from complaint made by the current governor Zacharia Okoth Obado.
The applicant through lawyer Apollo Mboya, argued that the action amounts to abuse of power, which the court should stop.
“The decision of the committee contravenes the rights of the applicant to affair administrative action” he said.
Mboya explained that he will be asking the court to grant the applicant leave to file judicial review proceedings to quash the charge sheet and statement of defence.
He stated that he will further apply for an order to prohibit the commission’s committee from entertaining any proceedings arising from the complaint made by the Governor touching on incitement to violence the residents of Migori County.