HomeNewsPolitics
Share
Bookmark
Print
Email
Rating
Stephen Mudiari | Nation
IIEC chairman Isaack Hassan (right) with Joseph Masindet, the Kamukunji by-election returning officer, during the press conference at the Commission’s offices in Nairobi on May 21, 2011. Mr Hassan said that court ruling of May 20, 2011 stopping the by-election had set a bad precedent for the country.
The Interim Independent Electoral Commission (IIEC) on Saturday held a daylong meeting with their lawyers and the candidates in the Kamkunji by-election after which the chairman Issack Hassan announced the postponement of the exercise until a later date.
The postponement means that the process will start all over again. Campaigns have also been stopped forthwith but will be re-opened through a gazette notice once the court settles the matter.
The Commission has also appointed lawyer Pheroze Nowrojee to lodge an appeal at the Court of Appeal on Monday. The appeal, Mr Hassan said, would seek to overturn the injunction.
On Friday High Court judge Daniel Musinga temporarily halted the by-election scheduled for tomorrow until a petition filed by an aggrieved aspirant is heard and determined.
The applicant, Paul Waweru Mwangi of the National Vision Party challenged the legality of nominations conducted by the Interim Independent Electoral Commission and the returning officer Joseph Masindet on April 27 and 28.
Mr Mwangi complained that his nomination papers were rejected by the returning officer.
In his ruling Justice Musinga said the IIEC violated the aspirant’s constitutional right to be a candidate in the by-election.
“If the court, having found that the nomination exercise was seriously flawed, fails to grant an order of injunction to restrain the respondents from holding the by-election, it will be frustrating all the gains that have so far been made in our electoral process,” said the judge.
But Mr Hassan said none, including the constitutional court, can override the electoral body’s duty to solve disputes at the nomination level.
Justice and Constitutional Affairs minister Mutula Kilonzo also criticised the High Court ruling stopping the by-election which he described as ‘ridiculous’.
Mr Kilonzo said the ruling was uncalled for and the timing suspect.
“I don’t want to join political parties who have expressed displeasure with the ruling but as a justice minister I feel the ruling coming at the eleventh hour was a setback for democracy,” the minister told journalists in Machakos on Saturday.
Mr Kilonzo said such a ruling should have been made at the onset of the political campaigns.
He said an electoral process cannot be challenged before the ballot and said the law allows individuals dissatisfied with the outcome of an election to petition.
“That is exactly what the ODM candidate did; he felt his rights to a fair election were deprived and chose to challenge the results after the polls and not before,” said Mr Kilonzo.
The minister said he will read the ruling on Monday before issuing an official statement.
And in Nairobi, the IIEC chairman left nothing to the imagination concerning his feelings over the Court ruling.
“IIEC received the orders stopping the Kamukunji by-election on Friday with shock,” said Mr Hassan. “The ruling sets a very bad precedent in this country. It is the first time that a court of law is stopping an election.”
Three commissioners – Simiyu Wasike, Davis Chirchir and Douglas Mwashigadi – and the chief electoral officer James Oswago accompanied the chairman.
Politics
Share
Bookmark
Rating
Stephen Mudiari | Nation
IIEC chairman Isaack Hassan (right) with Joseph Masindet, the Kamukunji by-election returning officer, during the press conference at the Commission’s offices in Nairobi on May 21, 2011. Mr Hassan said that court ruling of May 20, 2011 stopping the by-election had set a bad precedent for the country.
In Summary
- IIEC says the controversial High Court ruling halting by-election amounts to usurping its powers and vows to challenge it at the Appeal Court
The Interim Independent Electoral Commission (IIEC) on Saturday held a daylong meeting with their lawyers and the candidates in the Kamkunji by-election after which the chairman Issack Hassan announced the postponement of the exercise until a later date.
The postponement means that the process will start all over again. Campaigns have also been stopped forthwith but will be re-opened through a gazette notice once the court settles the matter.
The Commission has also appointed lawyer Pheroze Nowrojee to lodge an appeal at the Court of Appeal on Monday. The appeal, Mr Hassan said, would seek to overturn the injunction.
On Friday High Court judge Daniel Musinga temporarily halted the by-election scheduled for tomorrow until a petition filed by an aggrieved aspirant is heard and determined.
The applicant, Paul Waweru Mwangi of the National Vision Party challenged the legality of nominations conducted by the Interim Independent Electoral Commission and the returning officer Joseph Masindet on April 27 and 28.
Mr Mwangi complained that his nomination papers were rejected by the returning officer.
In his ruling Justice Musinga said the IIEC violated the aspirant’s constitutional right to be a candidate in the by-election.
“If the court, having found that the nomination exercise was seriously flawed, fails to grant an order of injunction to restrain the respondents from holding the by-election, it will be frustrating all the gains that have so far been made in our electoral process,” said the judge.
But Mr Hassan said none, including the constitutional court, can override the electoral body’s duty to solve disputes at the nomination level.
Justice and Constitutional Affairs minister Mutula Kilonzo also criticised the High Court ruling stopping the by-election which he described as ‘ridiculous’.
Mr Kilonzo said the ruling was uncalled for and the timing suspect.
“I don’t want to join political parties who have expressed displeasure with the ruling but as a justice minister I feel the ruling coming at the eleventh hour was a setback for democracy,” the minister told journalists in Machakos on Saturday.
Mr Kilonzo said such a ruling should have been made at the onset of the political campaigns.
He said an electoral process cannot be challenged before the ballot and said the law allows individuals dissatisfied with the outcome of an election to petition.
“That is exactly what the ODM candidate did; he felt his rights to a fair election were deprived and chose to challenge the results after the polls and not before,” said Mr Kilonzo.
The minister said he will read the ruling on Monday before issuing an official statement.
And in Nairobi, the IIEC chairman left nothing to the imagination concerning his feelings over the Court ruling.
“IIEC received the orders stopping the Kamukunji by-election on Friday with shock,” said Mr Hassan. “The ruling sets a very bad precedent in this country. It is the first time that a court of law is stopping an election.”
Three commissioners – Simiyu Wasike, Davis Chirchir and Douglas Mwashigadi – and the chief electoral officer James Oswago accompanied the chairman.
No comments:
Post a Comment