Former Bonchari MP Zebedeo Opore.
[Photo: standardmedia.co.ke]
A former MP who sought to defend his seat on a Jubilee Party ticket has successfully argued to be granted access to information by the electoral commission using a precedence set by the Supreme Court in the case filed by National Super Alliance leader Raila Odinga.Former Bonchari MP Zebedeo Opore moved to the High Court and successfully argued to be supplied with a list of voters identified by the electronic voter identification devices at every polling station.He also wants to be supplied with copies of Forms 32A (voter identification and verification forms) at every polling station and polling station diaries, as prepared and submitted by the respective presiding officers.The former MP has since filed a petition seeking the nullification of John Oyoika’s win who was elected on People’s Democratic Party ticket.Although the Independent Electoral and Boundaries Commission (IEBC) objected the application, Opore further invoked Article 35 of the Constitution on the right to information.In his ruling, Justice John Mativo said the right to information forms part of human rights and freedoms, and it is essential to be able to access information from public authorities.“Right to information laws and policies create mechanisms whereby an individual can access information that may have an impact on them, in order to meaningfully exercise other rights in the Bill of Rights,” he said.Opore had first written to IEBC seeking to be supplied with the said information but it drew a blank yet time was running out for him to lodge the petition.Challenging the election of an MP requires the disgruntled party to file the petition within 28 days of the declaration of the results.