, NAIROBI, Kenya May 22 – IEBC has lost a bid to have a case by the National Super Alliance (NASA) contesting its decision to deploy county and constituency Returning Officers unilaterally dismissed.
Justice George Odunga instead fixed the case for hearing on June 14 after ruling that the opposition alliance has a right to defend the Constitution where it is deemed to have been violated.
IEBC had opposed the matter lodged last week on grounds that NASA lacks capacity in law to institute the proceedings as a coalition.
Justice Odunga was told that NASA, unlike political parties, have no right to sue and be sued in their own names as they are unincorporated entities.
However, Justice Odunga ruled that “an applicant being persons who claims to be aggrieved by IEBC decision, clearly has standing under the constitution to agitate both its rights before the court to defend the Constitution,”.
NASA has faulted the commission for ignoring the need for transparency and accountability in the process.
According to the opposition, the electoral body has refused to consult key players on the August 8 polls.
The NASA leaders Raila Odinga (ODM), Kalonzo Musyoka (Wiper), Musalia Mudavadi (Amani National Congress), Moses Wetangula (Ford Kenya) and Isaack Ruto of Chama Cha Mashinani argue that presidential results declared by Constituency Returning officers should be deemed final, but IEBC insists they can be subjected to further verification.
NASA leaders had threatened to boycott the General Election unless the case is ruled in their favour, but Jubilee leaders have told them off while accusing them of intimidating the electoral commission and the Judiciary—both independent institutions.