The High Court has referred a petition filed by activist Okiya Omtatah seeking orders compelling the Independent Electoral and Boundaries Commission (IEBC) to acquire new election technology kits to the Chief Justice for the reconstitution of a three-judge bench.
In directions issued by the court, the matter was forwarded to Chief Justice Martha Koome after it emerged that the bench initially assigned to hear the case is no longer properly constituted.
The court noted that the petition had originally been placed before a three-judge bench but one of the judges, Justice Hellen Ong’udi, has since been promoted to the Court of Appeal, leaving the panel incomplete.
As a result, the High Court directed that the case file be placed before the Chief Justice to appoint another judge and complete the bench so that the matter can proceed.
The court further observed that the dispute raises significant constitutional and electoral issues that require urgent determination.
During the proceedings, a lawyer involved in the case told the court that the petition concerns the competitiveness and integrity of the technology that will be used in future elections, arguing that the matter should be handled expeditiously.
In the case filed against the IEBC, Omtatah claims that the electoral commission intends to reconfigure election kits that were used during the August 8 general election.
According to the petition, such a move would be unlawful because the law requires all election materials to be preserved for a period of three years.
Omtatah is therefore seeking orders compelling the electoral body to procure new election technology kits rather than altering those used in the disputed polls.
The matter will now await directions from the Chief Justice on the reconstitution of the three-judge bench before the hearing of the petition can proceed.
