A member of the Orange Democratic Movement (ODM) party has filed a suit against the Independent Electoral and Boundaries Commission (IEBC) after his named missed on the list of candidates to be nominated to the Taita Taveta Couty Assembly.
The petitioner, Athman Msafari, on Monday moved to the High Court seeking justice after the commission omitted his name under unclear circumstances. In a gazette notice number 9391 of September 26, 2017, the politician out the Wafula Chebukati-commission on spot over the mess.
He now wants the commission to give the court a valid explanation after his name missing from the list. He argued that the move is a violation of his rights as provided by Article 177 of the Constitution and Section 74 of the Elections Act.
He faulted the commission for allegedly amending an earlier Gazette notice. Msafari has claimed that the commission replaced his name with one Christopher Mwambigu yet it had no jurisdiction of such matters. He insisted that the changes could have only be effected through a court order.
He also faulted Taita Taveta County Assembly Speaker after he swore in Mwambigu as nominated MCA amid legal concern from his side.
He said that he has been following the case but nothing seems to be forthcoming from the same. He has asked the court to address the issue with the seriousness it deserves.“I have personally followed up the case in with the High Court Registry and staff members have been taking me in circles,” Msafari stated, as quoted by Capital FM