By EVELYN KWAMBOKA
The Judiciary is set to hear more than 60 cases challenging the decision by Independent Electoral and Boundaries Commission to delineate new constituency boundaries.
The cases are to be heard within 90 days. Aggrieved political leaders and constituents, following a Gazette notice published on March 6, filed the cases.
IEBC chairman Issack Hassan (centre) with former Justice Minister Mutula Kilonzo (right) and Local Government Minister Musalia Mudavadi (left) during the launch of a report on boundaries review. The process has been slowed by numerous court cases. [PHOTO: FILE/STANDARD]
Due to the high number of cases filed, judges sitting outside Nairobi were forced to refer them to Chief Justice Willy Mutunga for direction. High Court judge Ruth Sitati referred 15 cases to the CJ.
The cases are from Nairobi, Mwingi, Turkana, Ijara, Mbita and Gwassi, Bobasi, Taveta, Wajir South, Sabatia, Emuhaya, Mandera, Lolgorian, Kitui, Gatundu North, Malindi, Kilgoris, Gichugu, and Homa Bay.
Some politicians and constituents behind the cases are seeking to safeguard their political territories and resources. Others raise issues on constituency names, reduction in size, and failure to create additional units in highly populated area.
They obtained interim orders suspending implementation of the changes made by the commission, pending their hearing and determination of the case.
The court also allowed them to file Judicial Review applications seeking to quash the Gazette notice and to compel the commission to quash the proceedings and resultant decision published in the document.
Others obtained orders that are to operate until April 18 or 19, when their cases would be mentioned. It is here that they will come face to face with the commission to have the orders extended. Lawyers representing the applicants will be relying on the Constitution and other laws such as the National Assembly Constituencies and County Assembly Wards Order 2012 and the Survey Act to argue their cases.
In the cases filed, the commission is accused of changing electoral boundaries without any justification or consultations with constituents.
In Turkana County, civic leaders are seeking legal redress to reclaim parts of their constituencies and wards they lost to West Pokot and Baringo counties.
