Three petitioners Kenneth Odero, victor Marende and Erick Mwamba who moved to court seeking orders compelling IEBC to consult with ODM in deciding a date that would be convenient to all the participating parties outside Milimani law courts room shortly after their suit was dismissed..
BY SAM ALFAN.
High court has dismissed an application by three Orange Democratic Movement members who moved to court to stop the ODM Homabay senatorial seat nominations.
Justice Isaac Lenaola said the petitioner did not read Independent Electoral Boundaries Commission letter to political parties properly as IEBC had provided room for consultation with either party that was uncomfortable with the deadlines set that no party protested.
The three Kenneth Odero,Victor Marende and Erick Mwamba wanted a court to issue an orders compelling IEBC to consult with ODM in deciding a date that would be convenient to all the participating parties.
The activists further wanted a announcement by the court that statement issued by IEBC to all political parties was unlawful and the court to compel IEBC to extend period for nominations.
The petitioners based the arguments on the basis that the time span issued as a dead line by which all parties are to complete nominations is too short for ODM as it deals with the biggest county in nyanza that posses challenge to put its logistics in order hence needed more time.
The petitioners have since withdrawn the petition as another suit challenging the same nomination was filed before justice Odunga seeking to challenge the short period issued by IEBC for the nominations.
The argued the speaker of the senate as not declared the Homa bay senatorial as vacant in writing as is required by the law referring the judge to Article 101(2)
Which state- “A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. (2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) (c), or of the Senate under Article 98 (1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to— (a) the Independent Electoral and Boundaries Commission; and (b) the political party on whose party list the member was elected or nominated. (3) A vacancy mentioned in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.”
They were ordered to serve the clerk of the senate and appear in court tomorrow at 2; 30 for further directions.
The directions were issued as Homa Bay youths disrupted nominations for the senatorial by-elections held by the Orange Democratic Movement at the county assembly on Monday morning over the imposition of candidates.
The youths destroyed ballot boxes and warned exercise coordinator Peter Adoyo of dire consequences if a candidate was imposed on them.
They said Ruaraka MP Tom Kajwang should not meddle in the region’s affairs as he is not a registered voter in the county, further accusing him of imposing his brother Moses Otieno Kajwang on them.
Police shot in the air to disperse the youths and arrested several of them.
Homa Bay MP Peter Kaluma blamed the IEBC for the abortive exercise saying that the December 19 date for the by-election did not allow the party enough time to hold nominations.
Kaluma said ODM will ask the IEBC dispute resolution tribunal to extend the nominations period, in effect postponing the by-election.
He further urged the party to allow its members to elect their preferred candidate as the delegates method had failed.
The youths had earlier forced their way into the county assembly hall, breaking a gate in the process, prompted by Caroli Omondi’s ‘suspicious’ presence at the venue before the start of the nomination process.
The Homa Bay senatorial seat fell vacant after Otieno Kajwang died of a suspected heart attack on November 18 at Mater Hospital where he had been rushed after complaining of chest pains.
The legal battle seeking the electoral body to extend nomination period is expected to continue tomorrow before justice Odunga where the inter parties hearing is scheduled to take place.