The Independent Electoral and Boundaries Commission (IEBC) has applied for a stay of the injunction prohibiting it from printing ballot papers for the Mombasa County Governor in the High Court.
The IEBC informed Justices Olga Sewe, Ann Onginjo, and Erastus Githinji through attorneys Edwin Mukele and Moses Kipkogei that it is experiencing logistical difficulties as a result of the court’s decision to cease printing the ballots.
The three judge panel ordered a conservatory order of injunction on Monday prohibiting the IEBC from printing ballots for Mombasa County governor candidates while Mike Sonko’s application is heard and decided.
In addition, the court barred the Wiper Party from proposing any other person as governor of Mombasa County while the application was being heard and decided.
The attorneys informed the three-judge bench that a Greece-based business hired to print the vote sheets had contacted the electoral administration to express difficulties in delivering the election materials on time.
The fact that the company printing the vote papers has informed the IEBC that they may experience issues delivering the ballot papers in time for the elections makes the situation even more serious, according to Mukele.
The two attorneys claimed that because of the logistics and security elements of each voting paper, printing ballots is a complex procedure.
As a result, they added that their client intends to petition the court to either stay the conservatory order or revisit its own judgment.
“In accordance with the data our Greek suppliers have provided. The ballots must be delivered directly to the polling places from Greece. In order to delay the conservatory order or appeal this honorable court’s ruling, IEBC wants to submit a certificate of urgency application,” continued Mukele.
The two attorneys stated that their client is also prepared to move forward with the hearing of the application submitted by Sonko challenging the decision of the IEBC Dispute Resolution Committee to uphold Mombasa County Returning Officer, Swalha Ibrahim Yusuf, in refusing to clear him to conduct the gubernatorial elections.
Khaminwa argued that IEBC should comply with law by adhering to the court order and respect the independence of the judicial process.
Sonko quickly responded, calling the IEBC’s action a waste of judicial time through attorneys John Khaminwa, Jared Magolo, Wilfred Nyamu, Sonko, Derrick Odhiambo, and Titus Kirui.
“Let them comply with the court orders. We are a democracy with a strong and independent judiciary and rule of the law in this country,” said Khaminwa.
