A voter casts his vote during the concluded by-elections/IEBC
An activist has petitioned the Independent Electoral and Boundaries Commission (IEBC) to postpone the upcoming Ol Kalou parliamentary by-election.
The activist Francis Awino argues that proceeding with the poll would be unconstitutional and undermine the integrity of the electoral process.
In a letter addressed to the electoral commission, the activist urges the IEBC to suspend preparations for the by-election until what he describes as outstanding constitutional and legal issues surrounding the declaration of the parliamentary seat vacancy are resolved.
The petition argues that conducting the by-election before those issues are settled would deny voters fair representation and could undermine public confidence in the electoral process.
According to the petition, the declaration of the vacancy remains contested, and the commission should refrain from proceeding until there is legal certainty on the matter.
The activist contends that holding the by-election in the current circumstances could also result in unnecessary expenditure of public funds should the process later be invalidated.
In the letter, the petitioner urges the IEBC to uphold the Constitution by ensuring that all legal questions surrounding the vacancy are resolved before setting a date for the election.
He argues that the commission has a constitutional obligation to act in accordance with the principles of good governance, the rule of law and prudent use of public resources.
"The Constitution demands fidelity to the rule of law, accountability, transparency and prudent use of public resources," the petition states.
The petitioner further argues that proceeding with the by-election despite the unresolved issues would undermine the credibility of the electoral process and expose taxpayers to avoidable costs.
According to the letter, the commission should prioritise constitutional compliance over the urgency of filling the parliamentary seat.
The petition maintains that the matter extends beyond the Ol Kalou constituency and raises broader questions about how vacancies in elective offices should be handled where legal disputes remain unresolved.
