, NAIROBI, Kenya, Apr 20 — City lawyer Apollo Mboya has sued the government for violating the Elections Offences Act following the launch of the Kenya Government delivery portal during the election period.
The former Chief Executive of LSK is protesting the move by President Kenyatta’s Jubilee government to launch the website during the election period which began on March 17.
The advocate contends that the move by the President on April 10 is a threat to the right to free, fair and regular elections.
Under Section 14 of the Elections Act, a candidate, referendum committee or other person shall not use public resources for the purpose of campaigning during an election or a referendum.
“No government shall publish any advertisements of achievements of the respective government either in the print media, electronic or by way of banners or hoardings in public places during the election period,” he states.
Mboya now wants a permanent injunction restraining the government from advertising achievements by the national government of any projects or programmes undertaken across the country in the portal.
He also wants the court to declare that the government portal advertising the government’s achievements is unconstitutional.
The advocate further seeks a declaration that the use of public resources to launch and maintain the same is irregular and unlawful.
The DPP, the petitioner adds, has abdicated his powers for refusing to direct investigations with a view to prosecute those responsible for the offences.