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MPs win round one in boundaries row

Updated Thursday, April 12th 2012 at 00:00 GMT +3

By Evelyn Kwamboka

Four MPs have obtained orders stopping the Independent Electoral and Boundaries Commission from implementing changes in their constituencies and wards.

The High Court issued interim orders suspending the decision by IEBC to change boundaries in Taveta County and Ijara Constituency in Garissa County.

The two cases filed by MPs Yusuf Haji, Sophia Abdi Noor, Naomi Shaban and Dan Mwazo, join the list of more than 80 cases that have since been filed in various High Courts. The cases are to be mentioned on April 18 and 19 for further directions.

Haji, who is also the Defence Minister, wants the court to order IEBC to rename and redraw the boundaries of wards within Ijara while taking into consideration cultural ties, historical facts and means of communication.

Through his lawyer Ombati Omwanza, Haji claimed the commission has gone ahead and created constituencies and wards in contravention of the guiding principle and criterion as entrenched in the Constitution, and has instead set out its own benchmarks in total disregard of the law and the views of the people of Ijara.

He said IEBC acted outside the powers conferred to it by the Constitution and in total disregard of the sovereignty of Kenyans.

When the matter comes up for inter partes hearing, Haji is set to seek a declaration that the Boni community is a minority group and needs to be protected.

He said it is unfortunate that although the law provided that IEBC be guided by recommendations made by a parliamentary committee, it went ahead to delimit boundaries in the area.

In the other case, Shaban and Mwazo obtained interim orders from Justice Fred Ochieng stopping implementation of boundary changes in Taveta County.

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