The National Super Alliance (NASA) Wins in Court Case Against the Independent Electoral and Boundaries Commission (IEBC)

The Independent Electoral and Boundaries Commission (IEBC) has lost an appeal suit against the National Super Alliance (NASA) where the body sought to have the coalition barred from suing it.

The coalition's original case, that will now go on as intended, seeks to challenge the appointment of Constituency and County returning officers by the IEBC.

 IEBC had moved to block a case filed against it by NASA arguing that the coalition had no capacity to sue it.

Justice George Odunga was told that the opposition coalition had no legal grounds to sue and be sued in its own name as it is an unincorporated entity unlike political parties.

The Judge, however, ruled that the opposition alliance has a right to defend the Constitution where it is deemed to have been violated.

"An applicant being persons who claims to be aggrieved by IEBC decision, clearly has standing under the constitution to agitate both its rights before the court to defend the Constitution," Justice Odunga ruled.

According to the opposition coalition, the electoral body should be mandated to declare presidential results at the constituency level as final in addition to conducting the appointments in a transparent manner. 

The IEBC, on its part, maintains that the results should be subject to further verification.

The matter will be heard and a final ruling delivered on June 14.