A man cought on camera destroying ballot box amongthose who disrupted and destroyed nomination materials resists arrest by security officers on Monday, December 15, 2014.
BY SAM ALFAN.
High court Judge George Odunga has stopped the decision by Independent Electoral and Boundaries Commission (IEBC) a directive by the IEBC requiring parties to nominate candidates for the Homa Bay senatorial by-election by Friday this week.
Judge George Odunga stopped the nominations for ten days saying that the commission ought to have given a reasonable time to allow parties’ nominate their flag bears on the February Homa bay senatorial by election
Justice Odunga allowed the petitioner to file the notice of motion within three days from today.
The court order comes as Orange Democratic Party ( ODM) member moved to court seeking to have the nomination exercise for the position of Homabay Senator stopped until the seat has been declared vacant.
Kenneth Ogalo wants the Senatorial seat declared vacant before the Independent Electoral and Boundaries Commission (IEBC) can request parties to submit the names of their nominees.
IEBC wants parties to submit their selected nominees by Friday, December 19 and Ogalo maintains that the exercise should be stopped until the seat is declared vacant.
He says that the decision by IEBC to fix dates for nominations without following due process is unconstitutional, adding that the expectations of the people of Homabay County will be violated.
He further argues that the time given to submit nominations and for the exercise itself is too short adding that it was done without consulting the people.
“Political parties have not been given adequate time to prepare and carry out credible nominations and print ballot papers,” Ogalo says in his petition.
He further argues that the conduct by IEBC is unprocedural and inconsistent and they have failed to hold consultations with the political parties through the Political Parties Liaison Committee.
The rights of the Homabay people, he further states, will be affected as they will now choose their candidate through the delegates system instead of the universal suffrage as in article 38 of the constitution.
The Homabay Senatorial seat was left vacant after the passing of Senator Otieno Kajwang on November 18 at the Mater Hospital in Nairobi, after suffering a cardiac arrest. He was buried a week later at his home in Homabay on November 28.
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 matter will be heard on 14 of January 2014 before the duty judge.