By Willis Oketch
A case in which the outlawed Mombasa Republican Council sued the Independent Electoral and Boundaries Commission for orders to postpone elections in Coast Province has been forwarded to Chief Justice Willy Mutunga for direction.
Mombasa High Court judge, Justice John Mwera forwarded the file to the CJ after he rejected an application by IEBC lawyer Kassim Shah who wanted the matter raised before the Constitutional Court sitting in Mombasa on Thursday to hear boundaries dispute cases.
Justice Mwera said although he supports the idea of the matter being placed before the constitutional court hearing the boundaries disputes, the CJ should decide which judge will hear it.
Last month, Justice Francis Tuiyot disqualified himself from the case after realizing that the issues raised were similar to those in another case before him and directed the file be placed before Mwera to assign another judge.
On Thursday, Shah applied for the matter to be placed before a three-bench judge to hear 15 cases, which has been filed by people opposing IEBC over electoral boundaries.
During the mention of the case, members of MRC jammed the court’s public gallery.