Twelve Nakuru residents have moved to court seeking to block the National Super Alliance (Nasa) from pushing for the removal of Independent Electoral and Boundaries Commission (IEBC) officials from office.
The group has filed a petition through a certificate of urgency at the High Court in Nakuru seeking orders of injunction to restrain opposition leaders from interfering with operations of the electoral body as they plan to conduct a fresh presidential poll on October 17.
In the case, the Orange Democratic Movement (ODM), Wiper, Ford Kenya, Amani National Congress, IEBC and its chairman Wafula Chebukati, the Registrar of Political Parties and the Attorney-General have been listed as respondents.
NEW TEAM OPPOSED
The petitioners further want Mr Chebukati restrained from forming the new special projects team to conduct the poll.
“Pending hearing and determination of this matter, we request this court to issue conservatory orders of injunction restraining Nasa affiliate parties and its leaders from removing the IEBC commissioners, members of the secretariat and electoral officials from office and replacing them,” read the petition.
In a notice of motion, the twelve, through their lawyer Mungai Kibe have accused the opposition leaders of conspiring with the commission’s chairman to jeopardise the repeat election through the formation of the special project team which, according to them, is illegal.
According to them, leaving the said special project team to handle the election will only lead to the invalidation of the results thus leading to a constitutional crisis.
“IEBC is the only body mandated to conduct fresh poll. It must be carried out by the commissioners who have been recruited and appointed in accordance with the Constitution,” read the document.
The petitioners have claimed that the Nasa leaders want to force the commissioners out of office through a combination of political campaigns and intimidation, the same way they did to the previous team which was led by Mr Isaak Hassan.
They want the court to declare demands outlined by Nasa through a document dated September 12 on the “irreducible minimum” before the fresh election is held null and void.
An affidavit sworn by Mr Frank Muhoro on behalf of eleven others wants the court to issue orders requiring the commission to proceed the way it is currently constituted in planning for the poll.