LAWYER PLEADS WITH COURT TO STOP COLLEAGUE APPOINTMENT TO IEBC.

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Former Law Society of Kenya Chief Executive Officer Apollo Mboya at Milimani Law Court after he filled application seeking to stop vetting of IEBC commissioner's on Monday January 9,2016.
BY SAM ALFAN.
A City lawyer has moved to court seeking to block vetting process of newly appointed Independent Electrol and Boundaries Commission commissioners.
Apollo Mboya argues unless the National Assembly is restrained, the candidates nominated will be vetted and appointed in contravention of the amended election laws of 2016.
Mr Mboya in his sworn affidavit has faulted the selection panel for failing to provide the criteria and or justification it used to shortlist the candidates
Mr Mboya seeks to stop the vetting and appointment of IEBC chairperson and commissioners pending hearing and determination.
In a certificate of urgency Mboya argues that the selection panel exceeded its powers and mandate under the First Schedule to the IEBC act, 2011as amended by the Elections Laws Act 2016 by re-advertising the positions of Chairperson.
He argues that the selection panel did not publish the marks scored by each candidates to support its assertions that it selected the most suitable and qualified candidates for the advertised positions.
He further argues that the names forwarded to the president by the selection panel for vetting by the national Assembly were not the most suitable and qualified candidates for the positions advertised as was indicated in the press release by the selection panel dated 22 of last month.
“Unless IEBC is restrained the candidate nominated for appointment as chairperson and commissioners of the IEBC will be vetted and appointed in contravention of the constitution, ‘’Mboya argues.
The selection panel, IEBC, National Assembly and the Ag have been named as respondents in the case.
Judge John Mutinga Mativo has certified the suit as urgent saying issues raised are arguable and should be heard on a priority basis.
The matter to be mentioned tomorrow for further directions.

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