Activist and Busia Senator Candidate Okiyah Omatah speaking to the press at Busia Green Gardens, Wednesday August 2, 2017. Photo/Facebook-Busia County Government]
Activist and Busia Senatorial aspirant Okiyah Omtatah has moved to court to contest a decision by the Independent Electoral and Boundary Commission (IEBC) on the distance voters should keep from the polling stations after voting.
According to IEBC, after voting, voters should keep 400 meters radius away from the polling station.
In a petition filed before Busia High Court Judge Justice Kiarie Waweru on July 28, 2017 under certificate of urgency, Omtatah wants the directive lifted saying it's illegal and unconstitutional.
Speaking during a press briefing in Busia on Wednesday, the activist noted the elections would not be free and fair if the electorates don’t participate in the counting and tallying of votes.
"IEBC's 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. Elections cannot be transparent when people are barred from participating in counting and tallying/tabulation of votes, and the counting of results," Omtatah told journalists.
He added, “The presiding officer will have nobody to announce the results to if people are cleared from polling stations. The impugned eviction of citizens from polling stations is unconstitutional, null and void because it contradicts article 24 of the constitution to the extent that it is not based on any legislation that meets the threshold for limiting the enjoyment of rights and fundamental freedom enshrined in article 24 and 47 of the constitution.”
Justice Kiarie on Wednesday ordered that the matter be mentioned in Bungoma before duty Judge for further directions on August 3, 2017.
The opposition team Nasa has also maintained its supporters should remain at the polling station after voting in order to guard their votes from being stolen.