Lawyers Anne Njogu (left) and Stephen Mwenesi (right) outside the Court of Appeal after filing a petition by the Centre for Education Rights and Awareness and the Caucus for Women's Leadership challenging the High Court ruling on the date of the next poll. The lobbies accused the electoral body of undermining the court process March 22, 2013. FILE
By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted Thursday, March 22 2012 at 13:49
Posted Thursday, March 22 2012 at 13:49
A fresh row over the election date has erupted with two lobby groups accusing the electoral body of undermining the court process.
The Centre for Rights Education and Awareness and the Caucus for Women’s Leadership accused the Independent Elections and Boundaries Commission of pre-empting the case before the Court of Appeal by going ahead to announce the election date despite the pending case.
Through lawyer Stephen Mwenesi, the lobby groups said that the decision by IEBC did not augur well with the administration of justice since it came at a time when they were prepared for the hearing of the appeal.
“We are disappointed and saddened by the action since we have been ready and prepared to proceed with the hearing of the appeal as agreed during the last time we were in court. By going ahead to announce the date, IEBC is pre-empting what the court’s determination should be,” said Mwenesi.
He said that the lobby groups could not understand why the Commission rushed to announce the date despite being aware of the appeal case in which they are listed as one of the respondents.
In their appeal, the lobbyists had asked for a stay of the implementation of the High Court ruling on the election date and an order restraining the IEBC from announcing the date in the event that the President and the Prime Minister fail to dissolve the coalition government.
Despite the prayer pending before the Court of Appeal, the electoral body on March 18 announced that theGeneral Election will be held on March 4, 2013.
Lawyer Pheroze Nowrojee defended the Commission’s action, saying that they were only acting on what the High Court had ruled.
He accused the civil society groups of shifting blame on the IEBC yet they failed to be joined in the High Court proceedings when they were given a chance.
“It is startling for the applicants to blame IEBC for setting the election date since it was the Commission that took the first initiative of going to court to seek an opinion on the date of the election,” said Nowrojee.
He was supported by senior deputy solicitor general Muthoni Kimani who said it was wrong to conclude that the commission is deliberately trying to derail the hearing of the appeal by announcing the election date.
Ms Kimani added that the Attorney General’s office is aware of the public interest the matter has generated and would like it to be heard and determined quickly.
Lawyer Ian Maina who appears for Kilome MP Harun Mwau said that he could not understand why the applicants were agitated by IEBC’s action, adding that he has already raised a preliminary objection over whether the two groups are properly before the court.
Mr Kibe Mungai, representing the International Centre for Constitutional Research and Governance submitted that it is untrue to conclude that IEBC had done something which warrants the court’s intervention.
Mr Kibe said that the Commission only exercised the option given to them by the High Court, adding that there are election rules and timelines which guided them in setting the date.
High Court Judges Isaac Lenaola, David Majanja and Mumbi Ngugi had on January 13 ruled that unless the President and the Prime Minister agree to dissolve the coalition government, elections shall be held within 60 days after the expiry of Parliament’s term on January 14 2013.
The hearing of the substantive motion did not proceed because Justice Philip Waki, one of the three judges listed to determine the case was not present. The others are Justices Roselyn Nambuye and David Maraga.
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