Two voters have moved to court to compel the Independent Electoral and Boundaries Commission to declare fresh dates for the delayed governor elections in Kakamega and Mombasa counties.
Abeuty Likhasi and Reagan Lusangale want the court to make a declaration that IEBC chairman Wafula Chebukati and the commission have violated political rights of the electorate in Kakamega county by postponing elections for the governor seat indefinitely.
The two have named IEBC chairman Wafula Chebukati and the commission as first and second respondents respectively in the petition filed under certificate of agency at the Kakamega High Court on Friday.
The two are seeking for an order compelling Chebukati and the commission to forthwith hold the governor election in Kakamega county on August 23 as already gazetted.
“In the alternative, an order compelling the 1st and 2nd respondents to forthwith gazette the date for election of the governor of Kakamega county to be held within 30 days,” reads the petition filed by Sammy Wekesa of Wekesa S. Wekesa & Company Advocates.
Justice JP. Otieno certified the petition as urgent and set Monday for directions.
Likhasi said in his sworn affidavit that the cancelation of the poll on August 8 inconvenienced Kakamega electorate living away from their homes and had travelled to vote, a chance to participate in the election of their leaders.
He argues that there was neither any legal reasoning, basis or foundation given for the postponement of the governor election set set for August 23 indefinitely.
“It is unclear whether the decision to defer the governor election was a sole decision by Chebukati or a collective one by the electoral commission,” he says in his affidavit.
He said the current situation is a recipe for constitutional chaos where elected MCAs are set to be sworn in office to conduct the affairs of the county without a governor mandated by law to govern.
Barasa has also filed a suit seeking to compel IEBC to conduct the election on Tuesday.
Barasa said he is sensing foul play in the second postponement of the Kakamega and Mombasa governor elections.
