The Independent Electoral and Boundaries Commission (IEBC) has moved to block a case filed against it by the National Super Alliance (NASA) arguing that the coalition had no capacity to sue it.
The case seeks to challenge the appointment of Constituency and County returning officers.
Through its lawyer Paul Nyamodi, the electoral commission revealed that NASA had no capacity to sue it as it (NASA) is not a party.
Nyamodi argued that the right to sue or to be sued was a preserve of political parties and does not extend to coalitions.
“The status to sue or to be sued does not extend to coalition,” Nyamodi stated.
The Jubilee Party is enjoined in the case as an interested party further dragging the political rivalry between the two political sides to the courts.
NASA is suing the IEBC for what they termed as a violation of the principals of the electoral system.
The Opposition further points out that the process of selecting the returning officers was covered in secrecy and flouted the principals of good governance.