16 February 2013

Kenya: IEBC Told to Include TNA Candidate in Ballot Papers

THE High Court has ordered the Independent Electoral Boundaries Commission (IEBC) to include the name of Siaya TNA Senator candidate in the ballot papers.

High Court judge Eric Ogola said yesterday a decision by the electoral body to deny Ooro Yusuf Odongo a chance to lodge his complaint before the IEBC tribunal was wrong.

The IEBC had denied Ooro Form 16 which could have enabled him lodge a complaint before the IEBC tribunal.

The TNA candidate initially lodged a complaint against the Siaya County returning officer before the tribunal but his case was dismissed without considering the merits.

Justice Ogola said denying Ooro the right to vie would prejudice the rights of his supporters.Meanwhile, the judge refused to set aside an order barring the Kajiado TNA governor aspirant from running in the March 4 polls.

Taraiya ole Kores had asked the court to temporarily stop the orders barring him from vying to allow him pursue an appeal.Ogola said he could not give the orders because it would amount to reverting the earlier ruling.

The judge said although Kores has a constitutional right to participate in elections, his personal right should be balanced against that of the integrity of the electoral process.

The High Court quashed his nomination certificate two weeks ago. But Justice David Majanja directed the Kajiado returning officer Tom Mboya to reconsider his papers.

His rival Tipape Naini had moved to court seeking orders to compel IEBC to reject his certificates on grounds that his degree from a university in Costa Rica that is not recognised in Kenya

In his application, Kores had argued that his right to participate in the electoral process will be violated should his name be omitted from the ballot papers.

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