By Judy Ogutu
Five High Court Judges have began hearing more than 100 cases challenging the delineation of the new constituency boundaries.
The cases, which could affect the forthcoming General Election, kicked off on Monday before Judges Mohamed Warsame, Ruth Sitati, Helen Omondi, Pauline Nyamweya and David Majanja.
When the parties finally close their submissions, the court will decide on 22 issues which have been agreed upon by the applicants and the Independent Electoral and Boundaries Commission (IEBC).
One of the lead advocates in the matter, Mr Stephen Mwenesi told the five-judge bench that the issues raised are serious.
“Delimitation of boundaries affects the whole nation, not only the individuals who have filed the petitions. The Kriegler report pointed out that if we did not look at delimitation issue properly, we shall see a catastrophe like no other,” he submitted.
Accused
He accused IEBC of failing to consult property and adequately. It also did not give consideration to the communities economic, tribal and sentimental aspects.
“Out of 290 constituencies you have 134 petitions and Judicial Review applications. This is a huge number and it says a lot about the decision they made,” he said.
The applications against IEBC seek to quash the Kenya Gazette notice and to compel the commission to quash the proceedings and decision published in the document.
Advocate Chacha Odera told the court that IEBC did not take into account population quota, geographical features as well as historical, economic and cultural ties.
Kibe Mungai urged the judges to find that the Legal Notice being challenged does not comply with a section of the Constitution.
“At least seven constituencies have been created in counties other than those under which they would have been created under. IEBC failed to respect the right of the people and consultation,” he said.
