The Malindi High Court on Monday extended the IEBC April 26 deadline for party primaries to May 1, 2017.
The nomination deadline extension follows a petition by Angaza Empowerment Network, a non-governmental organization.
The organization filed the petition through Mbugua, Atudo and Macharia advocates, before Justice Weldon Korir who certified the application as urgent. The petition intended for the party primaries to be extended to May 7.
George Mirigu, the director of Angaza Empowerment Network, argued in the affidavit that the exercise faced logistical problems and was marred with chaos. He cited article Article 83 (3) of the Constitution of Kenya 2010 to make his point.
Article 83 (3) of the Constitution of Kenya 2010: “Administration arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election.”
Mr. Mirigu stated that according to the constitution, party nominations are to be conducted at least 90 days to the election, putting the date of the deadline at May 7, 2017.
He further stated that according to the Elections Act Section 13 (2A), intraparty dispute resolution should be done by 6th June 2017 and the submission of the roll of the successful candidates by the party by 7th June 2017.
“The reduction of the statutory period granted to political parties to plan and conduct party nominations by a whopping ten days is a violation and limitation of the provision of Article 83 (3) of the Constitution that is neither reasonable nor justifiable,” he said.
Mirigu concluded by telling the court that IEBC breached the rights of Kenyans through its actions which could have national consequences.
IEBC Chairman Wafula Chebukati on Sunday had said the party primaries deadline would not be extended. He said the date was made to give the IEBC a timeline to prepare for August 8.