The High court in Nairobi has ordered the Independent Electoral and Boundaries Commission (IEBC) to release the Kibra voters register safe for confidential information ahead of the by-election slated for tomorrow.
Judge James Makau sitting in Nairobi allowed an application by Orange Democratic Movement (ODM) seeking a release of the register by IEBC.
However, IEBC said that it will be a challenge to execute the orders requested in time.
The body claimed that its personnel are already on the ground preparing for the by-election slated for tomorrow, Thursday.
Lawyer Jackson Awele for ODM opposed an application for stay and told the court that IEBC has a mandate to obey the court orders.
IEBC said they needed to be allowed to undergo internal process including budgeting to ensure that the information is retrieved.
The body had opposed the release of the information saying that it was confidential.
It had argued that an application by ODM was filed late and that they could not have gotten time to respond because they are conducting a by-election in Kibra tomorrow.
ODM had moved to court on Monday seeking a publication of the Kibra Constituency voters’ register.
The party wanted the court to Compel IEBC to supply voters in Kibra Constituency and the public at large with the voters’ register ahead of coming Thursday elections.
The register, according to Awele, should have all the information prescribed in Form A of the Schedule to the Elections (Registration of Voters) Regulations 2012 in all polling stations and in the public online portal.
“The party is also seeking a declaration that IEBC has a duty to supply voters in Kibra Constituency and the public at large with the Kibra Constituency voters’ register,” added Awele.
ODM is also seeking an order compelling IEBC to publish the Kibra Constituency voters’ register containing the names, National ID and Passport numbers, telephone numbers and their respective polling stations and centers in all polling stations and in the public online portal.