Five MPs from the Jubilee government yesterday sued Cord co-principals to stop them from ejecting the IEBC commissioners.
In a petition filed as urgent at the High Court, the legislators accused Raila Odinga, Kalonzo Musyoka and Moses Weteng’ula of violating the constitution in a “well calculated scheme intended to incite Kenyans ahead of the 2017 general election”.
Moses Kuria (Gatundu South) Dennis Waweru (Dagoretti South), Kimani Ichung’wa (Kikuyu), Ferdinand Waititu (Kabete) and Alice Ng’ang’a (Thika) told Justice Isaac Lenaola it was illegal for Cord to storm the Independent Electoral and Boundaries Commission headquarters on Monday “and the court should not blink at such blatant violations”.
Cord leaders and their supporters were teargassed when they tried to access the IEBC offices. They said the commissioners helped Jubilee rig the 2013 election and shot down the Okoa Kenya referendum drive for no reason.
The MPs want Inspector General of Police Joseph Boinnet to guarantee security to the public by arresting Raila, Kalonzo and Wetang’ula if they or their supporters engage in destruction, trespass on public property or cause unrest during demonstrations.
They said disrupting the IEBC’s work amounts to sabotage of the constitution “which Raila swore to uphold when he was Prime Minister”. The MPs want the court to restrain Cord from storming the IEBC offices across the country before the case is determined.
“They have threatened to incite Kenyans to boycott the 2017 general election and to storm the offices of the IEBC every Monday should the current commissioners not resign or be removed and the IEBC reconstituted,” lawyer Harrison Kinyanjui told Justice Isaac Lenoala.
The judge directed Kinyanjui to serve the politicians with the suit papers through the newspapers.
SERVE CORD, SAYS JUDGE
The judge directed Kinyanjui to serve Cord leaders with suit papers through newspapers ahead of the hearing. Justice Isaac Lenaola said the petition should be advertised in one of the dailies for the public to be aware of the proceedings.
Five Jubilee MPs say the court should block Cord from ejecting IEBC officials and protect the rule of law. The legislators said: “No extrajudicial or legal method of removing sitting commissioners is allowed outside Article 251 of the constitution”.