The 6 Different Times Raila Odinga's Opposition Team Has Sued IEBC

Opposition Leader Raila Odinga has in past four years sued the Independent Electoral and Boundaries Commission (IEBC) over 6 times in cases where he sought to overturn a decision taken by the Commission.

Here are the different cases Raila Odinga and his Opposition team have sued IEBC for in the past four years.

1. National Super Alliance (NASA) suing IEBC on tallying of election results

The most recent case between the Opposition filed against the elections body was a petition seeking orders that all Presidential election results be announced at the constituency level.

A three-judge bench in May 2017 ordered that all presidential election results announced at constituency tallying centres would be final but IEBC filed an appeal seeking a reverse decision.

The case is currently at the Court of Appeal awaiting judgment.

2. NASA Sues IEBC for appointing returning officers without consulting

NASA sued the IEBC in April 2017 for appointing constituency and county returning officers without consulting key players.

In a certificate of urgency case filed at the High Court, the Opposition coalition argued that the commission's move was an affront to principles of the electoral system.

It claimed that the team led by Wafula Chebukati acted unlawfully by not allowing parties to make representations on appointments as required by law.

3. Coalition for Reforms and Democracy (CORD) blocks audit of elections register by KPMG

The then CORD coalition through their lawyer James Orengo moved to court in March 2017 to block auditing of the elections register by KPMG.

The coalition wanted the tender nullified on grounds that KPMG was not a professional and reputable firm to conduct an audit of the voters' register.

Lawyer Orengo contended that KPMG has no five-year experience to carry out the voters’ audit.

Justice Chacha Mwita, however, dismissed the case contesting IEBC’s decision to award the tender to the audit firm as incompetent.

4. NASA Sues IEBC on the procurement of ballot papers

The Opposition Alliance in February 2017 filed a case against IEBC arguing that the election body had violated the constitution in awarding the Sh2.5 Billion tender to a Dubai-based company.

Justice George Odunga directed IEBC to start afresh the tendering process for procuring ballot papers, election results declaration forms and poll registers. 

Despite the court's decision, the feud is still ongoing with NASA threatening to go back to court.

5. ODM Suing IEBC for Campaign Spending Limits

The ODM Party sued IEBC for setting limits on campaign spending saying it was unfair and discriminatory.

The party argued that the Election Campaign Financing Act 2013, which came into force on December 7, 2016, was likely to affect many of its candidates. 

According to the new requirements, political parties are at liberty to receive up to Sh15.3 billion in contributions. But they can only receive Sh3 billion from any single source.

Presidential candidates will only be allowed to spend Sh5.25 billion, while candidates for governor, senator and woman representative can only spend a maximum of Sh433 million.

6. CORD Sues IEBC, Safaricom for data

In 2013, CORD moved to court to compel IEBC and telecommunication services provider Safaricom to provide evidence that was crucial to their presidential petition.