The High Court has banned CORD protests against the Independent, Electoral and Boundaries Commission (IEBC) until a case filed by five Jubilee MPs is heard.
This came as the Opposition called off the planned demonstration against the electoral commission in honour of the late First Lady Lucy Kibaki.
CORD co-principals Raila Odinga, Kalonzo Musyoka and Moses Wetang’ula postponed the Monday march to the IEBC offices at Anniversary Towers in Nairobi to May 9.
“The CORD principals reached a decision to postpone all political activity during the three day mourning declared by the government. The passing away of Mrs Lucy Kibaki has significance to CORD since the principals have all worked closely with former President Kibaki,” said Norman Magaya, the head of the CORD secretariat.
The three served in the grand coalition government between 2008 and 2013 with President Kibaki.
Justice Isaac Lenaola also barred CORD from accessing residences of the IEBC commissioners and staff. “I temporally restrain CORD principals from lodging any complaint regarding any of the IEBC commissioners currently in office,” said Lenaola.
But shortly after the ruling, CORD’s lawyer James Orengo protested that he had not been given time to file a response to the Jubilee lawmakers’ suit.
“CORD notes firstly that the lawyers were not given a chance to even explain that the principals had met and postponed the Tuesday demonstration. This is how fast the court was at delivering the ruling in favour of Jubilee,” Mr Magaya said.
Opposition lawyers have said the ruling was illegal. “CORD accepts the position taken by its lawyers that they will not participate in those proceedings and also states that in solidarity with the lawyers CORD shall not also be participating in the proceedings when the case comes up again,” the CORD secretariat’s boss said.
“CORD will not be in court when the matter comes up again and instead shall be at IEBC in Nairobi, Kisumu, Mombasa, Nakuru, Bungoma, Kakamega, Machakos, Kitui, Nyeri, Garissa, Eldoret, Kericho and elsewhere in the Republic of Kenya where IEBC runs an office demonstrating and picketing against the IEBC Commissioners. No court can take away our right to do that.”
After the court ruling, Samburu MP Maison Leshoomo said: “The demos were illegal; only a petition to Parliament can kick out the commissioners of the electoral commission. CORD should follow the law since they have failed to demonstrate that the IEBC has failed to uphold its Constitutional and statutory mandate.”
MPs Dennis Waweru (Dagoretti South), Moses Kuria (Gatundu South), Kimani Ichungwa (Kikuyu) and Alice Ng'ang'a sought orders to stop the opposition from storming and interfering with the operations of IEBC commissioners countrywide.
The MPs who moved to court under a certificate of urgency through their lawyer Harrison Kinyanjui, want CORD to be barred from accessing the IEBC offices and interfering with the commissioners constitutional mandate and to abide by the law in lodging any complaint against them.
Mr Kinyanjui claimed that CORD has not demonstrated that the IEBC has failed to uphold its constitutional mandate.
-Additional reporting by Alphonce Shiundu
Stay informed. Subscribe to our newsletter
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
join