Ex-Jubilee MP Becomes First Beneficiary of Supreme Court Ruling
A former MP has successfully argued to be granted access to information from the Independent Electoral and Boundaries Commission (IEBC) using a precedence set by the Supreme Court in the case where Raila Odinga challenged Uhuru Kenyatta's re-election in the August polls.
Former Bonchari MP Zebedeo Opore has been granted access to the list of voters identified by the electronic voter identification devices in every polling station, copies of Forms 32A and polling station diaries as prepared and submitted by the respective Presiding Officers.
Previous efforts from the former legislator to obtain the information directly from the electoral body had failed. The commission argued that Mr Opore had access to various statutory forms, including Forms 35A and 35B of all the polling stations in the county.
Mr Opore further invoked Article 35 of the Constitution on the right to information, compelling the High Court to order the IEBC to release the information.
In his ruling, Justice John Mativo stated that the right to information forms part of human rights and freedoms, and it is essential to be able to access information from public authorities in order to exercise individual human rights and freedoms.
Following the ruling, Mr Opore has filed a petition seeking the nullification of Mr John Oroo Oyoika’s win.
Mr Oyoika won the race for MP on a People's Democratic Party ticket, while Mr Opore sought re-election on a Jubilee Party ticket.
During the Presidential petition hearings at the Supreme Court, Mr Odinga successfully argued to be supplied with documents and kits deployed in the August 8th General Election.
In the tricky case of the electoral body's servers, the National Super Alliance (NASA) Presidential Candidate was granted read-only access.
The resulting report compiled by Supreme Court Registrar Esther Nyaiyaki informed the final decision to nullify President Uhuru's re-election due to glaring inconsistencies and irregularities.
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