Eunice Machuhi
1 May 2008
Nairobi — The Law Society of Kenya on Wednesday distanced itself from those calling for the disbandment of the Electoral Commission of Kenya ahead of the June 11 by-elections.
LSK Coast representative Joseph Munyithya said the current ECK commissioners should be allowed to conduct the elections, and told members of Parliament to stop issuing threats to the electoral body.
"The MPs have no jurisdiction to challenge the performance of the ECK since they are products of the same body," he told the Nation.
By saying that the elections in the five constituencies should not be conducted, the MPs were denying other potential legislators their right to be members of the 10th Parliament and an opportunity to represent their constituents.
Mr Munyithya told the MPs calling for the resignation of the ECK commissioners that if believe they got to Parliament unlawfully, then they ought to resign and pave the way for another election under a new and re-constituted body.
"This is a body that derives its legitimacy from the Constitution. So until there is an amendment affecting the ECK, only then can it be disbanded," he noted.
The integrity of the electoral body was put into question after the announcement of the controversial presidential results which declared President Mwai Kibaki the winner.
Last week, ECK chairman Samuel Kivuitu announced that five of the six constituencies now without MPs would go to the polls on June 11.
The by-elections will be held in Nairobi's Embakasi constituency, Wajir North in Wajir District, Kilgoris in Transmara District, Ainamoi in Kericho District and Emuhaya in Vihiga District.
The Kamukunji seat will remain vacant until a case filed by a voter demanding that the ECK releases the results and the winner declared publicly is determined.
Embakasi and Ainamoi seats fell vacant after their holders were shot dead in separate incidents in Nairobi and Eldoret soon after they were sworn in.
Results for Kilgoris and Kamukunji were nullified due to electoral irregularities, while Emuhaya seat fell vacant after representative Kenneth Marende was elected Speaker of the National Assembly.
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