IEBC Chairman Ahmed Isaack Hassan. High Court has stopped the Independent Electoral and Boundaries Commission from creating 80 new constituencies pending the outcome of a suit filed by four councillors from Makueni Constituency. Photo/FILE
By RICHARD MUNGUTI rmunguti@ke.nationmedia.com
Posted Tuesday, April 10 2012 at 22:34
Posted Tuesday, April 10 2012 at 22:34
IN SUMMARY
- Four councillors are challenging the creation of 80 more constituencies terming them unconstitutional because the electoral body ignored views on proposed boundaries in some areas.
The High Court has frozen the creation of 80 new constituencies in a decision that might affect the General Election.Vacation judge Philomena Mwilu stopped the Independent Electoral and Boundaries Commission (IEBC) from creating the constituencies pending the outcome of a suit filed by four councillors from Makueni Constituency.
“Conservatory orders are hereby granted restraining IEBC from implementing and or giving effect to the National Assembly and County Assembly Wards Order published in the Kenya Gazette Legal Notice No.14 on March 6, 2012,” Lady Justice Mwilu ruled.
The councillors argued that the creation of new constituencies was biased and breached Section 89 of the Constitution on the number of voters per constituency.
The court also heard that Mwea, Ndia, Gatundu North, Sabatia, Mandera North, Mandera West, Baringo North, Baringo South, Banisa and Wajir South constituencies were not considered during the review.
Lawyers Francis Njanja, Evans Ondiek, Kethi Kilonzo and Stephen Mwenesi told judges Mwilu and Fred Ochieng’ that the IEBC’s decision was unconstitutional and biased.
“Ndia, Mwea and Makueni each have a population of over 200,000 people and were not sub-divided even though representatives made presentations,” Mr Njanja said.
He said Mwea should have been subdivided into two since it had a population of over 300,000 people.
“The electoral and boundaries body is hereby restrained from implementing the legal notices on new electoral mappings,” the court ruled.
The judge referred the cases to the Constitutional and Judicial Review Division for direction.
“Let the host of suits challenging the constituency matters be presented before the Constitutional and Rights Division on April 18, 2012, for directions,” the court ruled.
The petitioners allege the defunct Interim Independent Boundaries Review Commission (IIBRC) that was chaired by Mr Andrew Ligale ignored their presentations and declined to sub-divide large constituencies. The IEBC used its report to create 80 new constituencies.
The dispute over the new voter zones started when some commissioners of the IIBRC disowned the Ligale report, accusing him of bias. And when the report was tabled in Parliament, the voting was on party lines, with ODM MPs supporting it and PNU leaders demanding afresh review.
The row intensified when Parliament’s Legal Affairs committee ruled that the IEBC shall use the Ligale report as its primary reference in creating the new constituencies.
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