BY SAM ALFAN.
High court has directed IEBC to publish in the media a confirmation that the register is open for inspection within 48 hours.
“As there is no evidence that the register was open before these processings were instituted, “ruled Odunga
Justice Odunga gave the directions in a case in which Africa Centre for Open Governance (Africog) director Gladwell Otieno wanted the electoral agency compelled to publish and open up the voter register for public inspection as clustered per polling stations.
Further the court declined to stop IEBC from distributing a purported register of voters to returning officers for use in the General Election before being subjected to public inspection in a reasonable time frame. The court said that by doing so it will be interfering with the preparation of the general elections.
“Doing so , it will be stopping IEBC from carrying its statutory duties .Thers nothing to ne restrained,”said Odunga
The judge declared that in the future , IEBC should ensure that the voters register is open for inspection by members of the public at all times for the purpose of rectifying particulars therein.
In addition , judge Odunga declared that within 90 days to the general election, the register of voters should be open for scrutiny for a period of at least 30 days.
This is after a voter moved to court seeking IEBC compelled to make public the voters register before elections.
Executive Director Gladwell Otieno of Africog is seeking enough time for the public to peruse the register before elections.
Ms Otieno argues that section 6 of the Election Act and Regulations 33 of the Elections requires that the register of voters be opened up for inspection by voters 90 days before the election.
Africog also wants the court to prohibit IEBC from deploying a voter register for use in the general election slated for 8th August before it is subjected to public inspection as required under the law.
The Civil Society organisation further holds that there are noted inconsistencies in numbers declared by IEBC adding that the actual number of registered voters is not certain in some regions.
Ms Otieno says that an inspection of the register will enable voters scrutinize and ascertain the actual registered voters in their areas of concern.
In a certificate of urgency, the petitioner says that the continued non observance of the provisions of the law by Chebukati led commission constitute a threat to the rights and freedoms to have a free and fair election.
