The lawyers demanded retraction of the advertisement in question with immediate effect.
Image: FILE
A litigant in the case challenging the BBI has written to the electoral commission accusing it of disobeying court orders.
Morara Omoke took issue with an advertisement the Independent Electoral and Boundaries Commission placed in local dailies inviting tenders for referendum result declaration forms to be used at constituency, county and national tallying centres in a three-year contract.
This, Omoke says, is being done despite an existing court order by the High Court and recent direction by the Court of Appeal barring the IEBC and its commissioners from dealing with any contentious issues relating to the BBI.
In his letter the litigant said: “The advert constitutes an act of wilful disobedience and or blatant disregard of the directions of both the High Court and Court of Appeal and thus amounts to contempt of court.”
The lawyers demanded retraction of the advertisement in question with immediate effect.
And if IEBC fails to retract the advert in five days, the litigant has warned that he will take legal action and institute contempt of court proceedings to hold the commissioners liable.
He also said he would seek orders to cancel the tender.
On June 2, a seven-judge bench of the Court of Appeal allowed the IEBC to continue discharging its statutory functions except on matters related to BBI.
And Omoke is basing his complaint against IEBC on that ruling.
The appeal in the matter that was filed by the state is pending awaiting judgment after hearings were concluded.
It was heard for four consecutive days. The case is coming up for judgment on August 20.
Edited by Henry Makori