A Malindi resident has moved to High court to compel the electoral agency provide detailed report for voter identification and result transmission systems it intends to use during the October 17 presidential election.
Mr Gabriel Mwewe says the aim of his case is to avoid catastrophic failures of electronic transmission system of results that made the Supreme Court nullify the August 8 presidential election.
In a sworn affidavit, Mr Mwewe says the Supreme Court had established that the Independent Electoral and Boundaries Commission (IEBC) had failed, neglected or refused to conduct the August 8 presidential election in accordance with the Constitution.
RULE OF LAW
“It is imperative that this court secures the integrity of the electoral system and protect my right and those of Kenyans to make a political choice as guaranteed by the Constitution of Kenya,” states part of the petition.
Mr Mwewe, who terms himself as a Kenyan with a strong belief in democracy and the rule of law says he filed the application to defend the Constitution by ensuring the IEBC conduct a free and fair election.
In his petition, he named President Uhuru Kenyatta, Deputy President William Ruto, opposition leader Raila Odinga and Kalonzo Musyoka as the interested party.
He argues that October 17 presidential election is likely to have catastrophic failures of electronic transmission systems, just like the previous election if the issues raised by Supreme Court are not addressed.
NULL AND VOID
“That is obvious from the Petition no 1 of 2017 at Supreme Court that the IEBC did not have a complementary mechanism, which is the reason that the election was declared null and void,” states part of the petition.
Mr Mwewe argues that absence of a complementary mechanism for voter verification and transmission of result shall deny him a free and fair election, thereby contravening his constitutional right.
Malindi Resident Judge Weldon Korir directed the case be mentioned on September 19.