By Nikko Tanui
KERICHO, KENYA: The High Court in Kericho has summoned Independent Electoral and Boundaries Commission (IEBC) officials in Kericho for disobeying a court order.
Kericho Resident Judge Joseph Mutava summoned Bomet County Returning Officer Robert Sironka Shunet and IEBC Regional Coordinator over failure to comply with court orders.
The Judge had on March 19 directed IEBC to supply petitioner Nick Salat, who lost the Bomet senatorial seat, with forms 34, 35 and 36 used in the polls but the commission failed to comply.
“I direct that the two be served summons to attend this court and show cause why they have been unable to comply with the orders of this court,” read the order signed by Justice Mutava.
The judge summoned the two to appear before the court on April 17, at 9am.
Crucial papers
The order was issued after Salat’s lead counsel in the case Erastus Orina sought to have the IEBC officials to appear in court to explain why they have not supplied the petitioner with forms.
“We filed the case without those crucial papers which should be public documents in the first place, but we will amend it once we receive them to strengthen our case,” explained Orina.
In his petition, Salat points out several issues such as fraud, intimidation, coercion as some of the matters that allegedly led him to unfairly lose the seat.
He adds that the results announced by IEBC declaring URP’s Prof Wilson Rotich Lesan as the duly elected senator for Bomet County did not reflect the will of area residents.
According to the court documents, the petitioner claims that in some polling stations the IEBC denied him some votes, adding that the inconsistencies would be revealed by the forms 34, 35 and 36 once they are released to them.
The IEBC is the first respondent in the suit, while Prof Lesan is the second respondent.
The Bomet County Returning Officer Robert Shunet and Chepalungu Constituency Returning Officer Kennedy Onchayo are named as the third and fourth respondents.
