Issuing the order, Justice Mohammed Warsame, who certified the case as urgen,t ordered the electoral body be served with the suit papers and the case heard on April 2.
Members of the Independent Electoral and Boundaries Commission (IEBC)
The judge also allowed the civic leaders to file a Judicial Review application seeking to quash the proceedings and resultant decision published in a gazette notice and to compel IEBC to acknowledge the sovereignty of the people as per the Constitution. The electoral body had given the public 30 days from March 6, when the new constituency boundaries were published in the Kenya gazette notice, to seek redress in court if they do not agree with the boundary changes.
Since then, civic leaders in Mbita, Gwasi and parts of Kisii have filed cases challenging the changes as made by IEBC, which would allegedly affect their political rights as enshrined in the Constitution.
On Monday, the civic leaders’ lawyer Stephen Mwenesi told the court that IEBC had no justification in removing Viyalo and Wanondi sub-locations from Sabatia to the new Emuhaya constituency.
Mwenesi said the National Assembly Constituencies and County Assembly Wards Order 2012 is subsidiary legislation, and is inconsistent with the Survey Act because the order does not refer to any authenticated map that is deposited in the survey office.
At the High Court in Kisii, Lady Justice Ruth Sitati gave IEBC seven days to respond to a case filed by civic leaders from Mbita and Gwasi challenging IEBC’s decision to rename the two areas Suba North and Suba South.
By Evelyn Kwamboka, The Standard