Chief Justice Willy Mutunga. Photo/FILE
By PAUL OGEMBA pogemba@ke.nationmedia.com and PAMELA CHEPKEMEI pjepkemei@ke.nationmedia.com
Posted Wednesday, April 4 2012 at 22:30
Posted Wednesday, April 4 2012 at 22:30
IN SUMMARY
- Residents and leaders opposed to gazetted vote zones have one more day to try and block changes
Kenyans opposed to the creation of new electoral boundaries have until Friday to file their petitions in court.
The High Court in Nairobi had by Tuesday received 16 applications after five new cases were filed.
Lady Justice Philomena Mwilu issued temporary orders in three applications made by residents of Mwingi, Trans Mara and Mandera.
The applications received so far concern the new constituencies in Homa Bay, Sabatia, Kilgoris, Mwingi, Malindi, Wajir North, Trans Mara, Gatundu North, Ijara, Isiolo, Gichugu, Sabatia, Bobasi and Bomachoge.
Three other applications, filed by presidential aspirant Peter Kenneth and nine MPs, were consolidated on March 20 and the file forwarded to Chief Justice Willy Mutunga to appoint a three judge-bench to hear them.
According to the Independent Electoral and Boundaries Commission Act, the 30 days within which people can seek a review of the boundaries after the publication of the proposed demarcations in the Kenya Gazette expires on April 6.
After that the High Court will have 90 days to hear and determine all complaints.
Leaders and residents of some constituencies in Nyanza, Western, North Eastern and Coast provinces have also filed petitions seeking a review of the new electoral boundaries.
On Wednesday, residents of Mandera constituency obtained orders allowing them to file a judicial review seeking to stop the electoral commission from conducting any election in the constituency.
Judge Mwilu gave the orders following an application by Guhad Muhammad Adan and Abdirahman Abdullahi Mohamed who claim the IEBC acted illegally in creating Mandera East and Lafey constituencies.
In the petition filed on their behalf by lawyer Harrison Kinyanjui, the two argue that the commission ignored their contention that Arabia Ward be joined to Lafey constituency due to community interests.
Judge Mwilu certified the application as urgent and directed that they serve the electoral commission with the suit and set April 19 for the hearing.
A similar application was filed by residents of Kangemi, Nairobi, who claim that the creation of Dagoretti North Constituency was illegal.
The application is set to be heard on Thursday.
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