Petitioners in Mombasa governor election want Monday declared a public holiday
The Mombasa Law Courts
Three Mombasa residents who filed a petition seeking to compel the electoral agency to conduct postponed elections in eight electoral areas on a date not later than August 30 want the Ministry of Interior ordered to declare next Monday a public holiday.
Their lawyer Willis Oluga told the court that they should not be discriminated against as they have a right to participate in the elections scheduled for August 29.
Litigation counsel Emmanuel Makuto, representing the Attorney-General, told the court that there was no formal communication on the election date but he could confirm that voting was set for Monday per media reports.
Mr Makuto added that the issue of a public holiday is discretionary.
Justice Stephen Githinji directed the parties to file submissions before he renders his ruling on the issue.
The case was mentioned on Wednesday for the court to hear the ‘official’ position on the election date before Mr Oluga asked the judge to direct the Ministry of Interior to declare Monday a public holiday.
In their petition, Thani Mohamed, Moses Aran and Kevin Nzuki also wanted the court to rule that the IEBC’s decision to postpone the elections to an unspecified date was illegal, unconstitutional, null and void.
The IEBC has since scheduled governor elections in Mombasa and Kakamega, parliamentary elections in Kitui Rural, Kacheliba, Pokot South and Rongai constituencies, and ward rep polls in Nyaki West and Kwa Njenga for Monday.
The petitioners also argued that by postponing the governor elections in Mombasa, the electoral agency had allowed the current governor and the county executive to continue in office beyond their term.
Separately, the court directed Mombasa Deputy Governor William Kingi to serve his case documents challenging the constitutionality of the electoral agency’s decision to postpone the governor elections through a newspaper advertisement.
Justice Githinji explained that some parties might be affected by the orders that could emanate from the petition.
Dr Kingi’s lawyer, Mohamed Ali, told the court that the elections should follow the Constitution and the law.
Mr Makuto, for the AG, told the court that some parties were bound to be affected by any orders the court might issue and the petition should be served through an advertisement in the media.
“The candidates who are not parties to the suit will be affected by any orders granted,” he said.
Lawyer Titus Mutugi, for the IEBC, told the court that the petitioner should notify other interested parties.
In his petition, Dr Kingi argues that the IEBC’s reliance on Section 55 B of the Elections Act to postpone the governor elections breached national values and the principles of good governance.
This, he argues, is an attempt to circumvent constitutional timelines for conducting the elections.
He also says it is not clear what the impending elections would be called.
He says the IEBC’s description of the Mombasa governor election as a by-election, means candidates will have to start afresh by presenting their nominations, having their names gazetted and fresh elections conducted.
