Nasa leaders during a past rally. [Photo/KenyaNews]
Electoral body IEBC has lost a bid to have a case by the National Super Alliance (Nasa) contesting its decision to deploy county and constituency Returning Officers unilaterally dismissed.
Justice George Odunga on Monday fixed the case for hearing on June 14 after ruling that the opposition alliance has a right to defend the Constitution where it is deemed to have been violated.
The Independent Electoral and Boundaries Commission had opposed the matter lodged last week on grounds that the Opposition coalition lacks capacity in law to institute the proceedings as a coalition.
Justice Odunga was told that Nasa, unlike political parties, have no right to sue and be sued in their own names as they are unincorporated entities.
However, Justice Odunga ruled that “an applicant being persons who claims to be aggrieved by IEBC decision, clearly has standing under the constitution to agitate both its rights before the court to defend the Constitution,”.
NASA has faulted the commission for ignoring the need for transparency and accountability in the process.
According to the opposition, the electoral body has refused to consult key players on the August 8 polls.
The NASA leaders - Raila Odinga (presidential candidate), Kalonzo Musyoka (running mate), Musalia Mudavadi, Moses Wetangula and Isaac Ruto argue that presidential results declared by Constituency Returning officers should be deemed final, but IEBC insists they can be subjected to further verification.
The Nasa leaders had threatened to boycott the General Election unless the case is ruled in their favour.