Former Senator who represented persons with Disability in 2013 -2017 Paul Njoroge has moved to court to stop IEBC from conducting General Elections on August 9, 2022.
In a petition filed in court, Njoroge says that when the IEBC set those days, it did not have enough quorum of its Commissioners and its decision was null and void.
“IEBC did not have a substantive Chief Executive Officer (CEO) secretary when it was setting the dates for election.
He added that in discharging its responsibilities under the constitution and other written laws, IEBC is required to follow and abide by the constitution including the national principles and values as set out under Article 10 of the constitution.
The senator added that he is aware that in discharging its responsibilities under the construction and other written laws the IEBC is required to follow and abide by the constitution including the national principles and values as set out in Article 10 of the constitution.
“I am seeking an order prohibiting Cabinet Secretary, National Treasury and Planning from releasing and refunding any public money and resources allocated or disbursed to the IEBC in respect to the intended Presidential Elections of August 9, 2022,”he added.
He is also seeking an order directing IEBC to properly recruit a substantive Chief Executive Office/secretary.
Independent Electoral and Boundaries Commission, Attorney General, Cabinet Secretary, National Treasury and Planning, Directorate of Budget, Fiscal and Economic Affairs national treasury and planning and Controller of budget are the key respondents in the case.
President Kenyatta, Deputy President William Ruto, Council of Governors, National Assembly and the senate are the cited as the interested parties in the case.
He wants a declaration that the decision by IEBC to hold and conduct the presidential election on August 9, 2022 violates his constitutional rights and that of the people of Kenya.
The senator is also seeking a declaration that the decision of IEBC to hold and conduct the presidential Election on that day is illegal, irregular and null and void.
This Honourable Court has the power, mandate, duty and jurisdiction to avert any and all further breaches of the Constitution and other written laws by the Respondents jointly and severally pending hearing and determination of the Application and the Petition herein.
The above reasons singularly and collectively underscore the urgency of this Application and the need to expedite the same and to hear the Application during the current High Court vacation