Lobby group wants enjoined in petition seeking to stop 2022 elections

Friday, October 22nd, 2021 20:49 |
John Githongo. AfriCOG board member. PHOTO/COURTESY

Africa Center for Open Governance (AfriCOG) now wants to be enjoined in a petition that seeks to stop the 2022 General Elections.

The lobby group argues that the petition which was filed by former nominated Senator Paul Njoroge Ben raises critical and fundamental questions on governance that are well within the mandate of AfriCOG.

“Of most interest is the question before the court on the constitutional interpretation of the term of the current President and Deputy President and further the role of IEBC to declare the date of the next general election and its role in facilitating presidential elections,” Africog Board Member, John Githongo stated in an affidavit.

The Lobby group claims if admitted as an interested party, Africog intends to develop its arguments on holistic interpretation and application of relevant constitutional principles and provisions relating to the term of the presidency.

“In particular, on the issue of when the term of the presidency begins and ends in the event of a successful election petition challenging the validity of the presidential elections,” part of the court documents reads.

Africog says it will also develop its argument on the obligation and mandate of the Independent and Electoral Boundaries Commission in the determination of the date of presidential elections.

According to the lobby group, its expertise on governance and constitutionalism is necessary and relevant to the issues arising in the petition and will assist this court in interpreting the questions raised in the petition in a manner that promotes constitutionalism and rule of law.

In the petition, the ex-senator argues that at the time IEBC made the declaration and direction for the next Presidential it was improperly constituted as only three commissioners were in office.

He also argued that IEBC does not have a substantive Chief Executive Officer (C.E.O)

Njoroge also accuses the IEBC of illegally, unlawfully and irregularly procuring costly hardware, software materials and personnel to be deployed in and/or engaged in the said intended Presidential Election.

According to the ex-senator, IEBC could not issue the Gazette Notice on the spending limits for political parties and candidates as it was improperly constituted.

IEBC however in response, claim that the senator has failed to provide a basis for the order seeking to halt the procurement of election Material for purposes of the General Elections.

According to the commission, it had the requisite quorum to issue the Gazette notice and the directions codified on spending limits for the next General elections.

The commission further argues that the constitution and the Elections Act are clear and unequivocal as to the date and conduct of the 2022 General Elections.

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