The Independent Election and Boundaries Commission (IEBC) has
filed a preliminary objection to an application seeking to quash the election
of Stewart Madzayo as the Senator Kilifi County.
In the senatorial case, petitioners through lawyer Stephen
Kithi, accused the IEBC and the county returning officer of arbitrary declining
to give audience and proceeded to conduct the Kilifi senatorial election amid
numerous irregularities.
Mfida Mohammed through lawyer Kithi had sought to stop the
declaration of the results and stop the publishing of the results for the
senatorial seat. However the IEBC through lawyer George Murugu has sought the
court to throw out the petition on the grounds that the application violated
articles 87 (1) of the constitution touching on the parliamentary and County
Elections.
Murugu said the application which had sought to stop Madzayo
from taking over the senatorial seat had been overtaken by events upon the
publication of gazette notice number 3155 on March 13 which constituted the
declaration of elective positions.
“The secretary of the IEBC has been wrongly enjoined in the suit
and the application is gravely, fatally defective and an abuse of this
honourable court process and only lies for dismissal,”read the notice of
preliminary objection. The case will be heard on April 8th 2013.
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