BY WINSTONE MUSISI
Independent and Electoral Boundaries Commission ( IEBC ) has today been dealt a major blow after the High Court in Eldoret rejected its application to the court to set aside Monday’s order compelling it to continue with massive voter registration in the country.
Justice Eric Ogolla, while reprimanding the Wafula Chebukati-led commission said that he cannot go against his own order he issued by rescinding it as requested by the electoral agency.
He has directed the commission to fully enforce his order pending the hearing and determination of their application on the matter on Thursday at 11:30 am at the High Court which they filed under certificate of urgency today.
“IEBC cannot be in the forefront of disobeying court order by filing an application to set aside my earlier order compelling it to continue with massive enhanced voter registration exercise across the country,” ruled Ogolla
The Judge was reacting to an application filed by the IEBC compelling him to set aside his order that directed them to continually enlist eligible voters in the country to enable them exercise their democratic rights to elect leaders of their choice in 2022 general election.
This was after a voter in Eldoret obtained court orders compelling the Independent Electoral and Boundaries Commission to extend the ongoing voter registration until November 9.
This means that all the employees contracted by IEBC – like clerks – will earn additional money – news that has left many in a jubilant mood.
The petitioner, Patrick Cherono had obtained the orders from the High Court sitting in Eldoret, pending a case he filed on Monday morning.
The exercise targeting 4.5 new voters was scheduled to end on Wednesday.
In his petition, Cherono argues that IEBC cannot end the exercise because it has not met its target.
Cherono through his lawyer, Kaira Nabasenge, said IEBC had only registered one million new voters out of its targeted 4.5 million.
“We want to inform IEBC Chairman Wafula Chebukati there is an existing order extending voter registration (and) prohibiting the agency from ending the exercise,” he said.
He argued that the 30 days provided for enhanced voter registration was not enough, citing challenges related to the Covid-19 pandemic, and wanted voters given more time to register and exercise their democratic right to elect their leaders.
Last month, Chebukati warned that insufficient funding could scuttle critical preparatory activities ahead of the election.
IEBC said it was facing financial constraints in undertaking key operations to facilitate a tamper proof poll.
IEBC Chairman Wafula Chebukati has decried low turnout in the number of people turning up to be registered to vote in the August 2022 election.
Kenya currently has 19,687,885, as of May 2021, according to figures provided by the commission.