Human rights activist Okiya Omtatah has sued the Wafula Chebukati led Independent Electoral and Boundaries Commission (IEBC).
Omtatah’s lawsuit comes just four days after a similar case was filed by Raila Odinga’s ODM that challenged the award of the KPMG tender to audit the voters register.
In the suit, Omtatah wants IEBC to be restrained from issuing any award to KPMG or entering into any contract for the audit of the voter resister.
The petitioner argues that the letter dated 2nd of December 2016 by IEBC to KPMG notifying the award for the consultancy services for the Audit of the voter Register was made in violation of Section 6 of the Elections Laws (Amendment) Act, No.36 of 2016.
He says the said award is null and void.
“The purported stakeholders meeting convened by the respondents to discuss the implications of the new election laws and audit of the voter register did not meet the threshold for the consultation and public participation contemplated under the Constitution,’’ reads the petition in part.
Through lawyer Apollo Mboya, Omtatah is seeking an order directing the respondents within seven days from the order of the court to convene a National Stakeholders meeting with all relevant agencies, organs of the government and political parties to come up with a proper framework, methodology and terms of reference for an audit of the voter register.
In a certificate of urgency, he argues that the audit of the voter register and its authenticity is very crucial to the enjoyment of the political rights under Article 38 of the Constitution.
“The decision by the IEBC is unfair, discriminatory, arbitrary, inconsistent and capricious,” claims Omutatah.
Last week, High Court Judge Chacha Mwita dismissed a similar application filed by opposition citing incompetence.