Kenya : Kenya's electoral body, Safaricom sued over elections
on 2013/3/13 17:53:46
Kenya

Kenya's Coalition of Reform and Democracy (CORD) which came second in the just concluded general elections on Tuesday moved to court to seek court orders to compel the electoral body and mobile service provider, Safaricom to disclose some information needed for its presidential petition.

A statement from the CORD Secretariat said it wants Safaricom and the Independent Electoral and Boundaries Commission (IEBC) to provide it with relevant documentation related to the recent presidential elections that will aid in its petition to the Supreme Court.

CORD, which is led by Prime Minister Raila Odinga and Vice- president Kalonzo Musyoka are seeking to challenge the election of Uhuru Kenyatta as president-elect following last week's historic polls which saw Kenyatta garner 6.17 million against Odinga's 5.34 million.

The coalition is arguing that both the electoral body and mobile phone provider, has ignored its request for the documents despite several requests and his willingness to meet the cost of processing and producing them.

The documents CORD wants from the IEB which oversaw the whole electoral process include all form 34, 35 and 36 from all polling stations and constituencies across the East African nation that relate to the presidential elections and all the results that were declared electronically at the national tallying centre in Nairobi.

One of the CORD's lawyers Mutula Kilonzo said on Monday that it was wrong for IEBC to deny them information, saying the act was a violation of article 35 of the Constitution, which guarantees all Kenyans the right to information.

The 67-year-old Odinga who contested the elections under CORD ticket was trounced by Kenyatta, the son of Kenya's founding father, Jomo Kenyatta.

The PM who refused to concede defeat, is due to move to the Supreme Court on later this week to lodge their case, in which they are seeking to have Kenyatta's declaration as President-elect nullified on grounds of anomalies that marred the polling and vote tallying exercises.

CORD is arguing that figures of votes attained by Jubilee Alliance whose flag bearer was Kenyatta were inflated especially in their strongholds while they were denied their votes in CORD strongholds, a claim which the IEBC has said is baseless and pointless.

Once CORD formally files the presidential petition, the Supreme Court has 14 days within which to hear and determine the petition as required by Article 140 (2) of the Constitution. It is the court with original and exclusive jurisdiction over disputes in the presidential election.

The law lists the president-elect and the independent Electoral and Boundaries Commission (IEBC) as principal respondents among other persons that the petitioner wishes to name as a respondent.

The petitioner is required to serve the respondents within three days of filing; directly or by advertisement in a newspaper with national circulation or electronically.

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