The electoral commission has been sued by the official opposition coalition NASA over hiring of returning officers countrywide.
NASA took issue with the fact that the Independent Electoral and Boundaries Commission appointed both the constituency and county returning officers without involving political parties.
NASA holds the view that the election law allows political parties to give views on persons to be appointed as returning officers.
“The respondent (IEBC) has acted in an unconstitutional manner in that the applicant (NASA) and its constituent political parties have not been accorded an opportunity to make representations on persons to be appointed constituency and county returning officers,” the coalition said.
According to NASA, the commission has thrown the need for transparency and accountability in election process through the window.
NASA says the process of appointing the returning officers for the general election was accentuated with secrecy and driven by ulterior political considerations “in a manner that defeats the principles of the Supreme Law and the right to fair administrative action”.
“The process leading to the unlawful decision is unfair and violates the basic tenets of the rule of law as IEBC did not adhere to the principals of good governance,” the court was told.
The coalition believes the action of the IEBC is an affront to the principles of the electoral systems and it is of utmost importance that such action is addressed immediately.
NASA wants the court to suspend the April 27 decision to hire returning officers, pending determination of the case.