High court has dismissed a case challenging a directive that voters should stay out of a 400 meters radius from the polling station after voting.
Principal Judge Richard Mwangi ruled that there’s a legal basis for the establishment of the 400 meters for persons not involved in the counting of election results.
The learned judge directed that electrol body should however give members of the public access to the counted and signed results either at the entrance of a polling station or at a place convenient to the public.
The court further directed that where there are residence or homesteads within the 400 meters then police have no authority to evict the residence of the said areas.
“Police officers at a polling station have no authority to evict ,remove or handle the inhabitants and residents thereof in any manner will keep them out or away from their residence,”ruled Mwongo
In the case activist OKiya Omtatah wanted the order lifted saying it’s illegal and unconstitutional.
Omutata had argued that IEBC declaration is unconstitutional to the extent that evicting citizens from polling centres contrary to article 86(a) of the constitution which required elections be transparent.
He argues that Kenyans have legitimate expectations that they will vote, wait for results and then go home. If the court does not interdict the violations, the rule of law will be undermined
Omtatah further said his home is a few metres from the polling station, adding that it is unreasonable to expect him and members of his family to stay outside the 400m radius.
IEBC warned the opposition that only one agent per candidate will be allowed at a polling station on August 8.
Opposition leader Raila Odinga said his team will deploy at least 10 agents to every polling station. Some will take videos and photos of electoral materials, including Forms 34 and 36.
Raila’s camp plans to use the records as “irrefutable evidence in case the election results are challenged.”
There were claims Cord lost the 2013 election after it failed to deploy agents in Jubilee strongholds.
NASA is also seeking Sh410 million from well wishers for the ‘adopt a polling station’ strategy for guarding its presidential votes.
