Both Mombasa and Kakamega gubernatorial aspirants have threatened to sue the Independent Electoral and Boundaries Commission (IEBC) after the chairman Wafula Chebukati alluded to postponing the earlier scheduled 23 by-elections.
The ODM candidate Abdulswamad Nassir (Mombasa) has moved to Mombasa law courts suing the electoral commission for the move to declare the anxiously awaited elections to a further unknown date seeking to have answers and if possible see to it that the postponement fails.
However, in his opinion, the IEBC chairman said the reason for postponed elections is based on the harassment of poll officers that has instilled fear in most of them.
“In view of the prevailing circumstances, the commission has postponed the by-elections slated for August 23, to a date to be announced through a gazette notice,” Chebukati said.
An assertion that has been turned down by the candidates as they seek to see the people’s right to representation exercised freely and fairly as stipulated in the 2010 constitution.
The leaders further called out IEBC for lacking the powers or legal ground to postpone elections as the reasons stated are not part of the circumstances laid out by the constitution.
Section 55 of the Elections Act says an election may be postponed if “there is reason to believe that a serious breach of the peace is likely to occur if the election is held on that date.”
Both Nassir and Ayub Savula – the Kakamega deputy governor candidate, held that the IEBC decision is meant to delay the elections in wait for the case of Raila Odinga disputing the elections result that saw William Ruto declared president-elect.
“Do you know the impact this had on the August 9 election? This is a well-choreographed crisis and is a total abuse of office by one individual. We need to find out whether the commission had members voting when this decision was made,” Nassir said
An aspirant for the governor race former Nyali MP Hezron Awiti has also threatened to join the fellows in seeking to have the elections carried out as fast as possible.
Citing the move by IEBC as one that denies the people their rights deeming the election process not so solemn as it is pushed from day to day.
