Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati has been taken to court six days to the repeat presidential election.
Haki Jamii Rights Center, an NGO, has filed a petition at the Naivasha High Court challenging the use of schools as polling centers for the poll.
The organization, through its lawyer George Kimani , wants the electoral body barred from using schools as polling stations during the election.
In its submissions, the NGO indicated that the government could run its various activities like the repeat poll and national exams simultaneously without discriminating any party.
The organization indicated that the State should budget for polling centers to be used in the exercise instead of using school classrooms.
[caption caption="Haki Jamii Rights Centre Director Hussein Khalid"][/caption]
The suit states: “There has been laxity both in policy and legislation to protect students and learning institutions from political pollution through campaigns.”
In their petition, the NGO faulted the government for postponing this year's Kenya Certificate of Secondary Education (KCSE) Home Science paper .
Mr Kimani indicated that the Ministry of Education did not provide any basis or justification to change the date.
It read in part: "Any change of examination sitting dates will affect the children's input and preparations on the subject hence causing them psychological torture.”
The suit, which was certified urgent, will be heard on October 24th, just two days to the repeat election.
Education Cabinet Secretary (CS) Fred Matiang'i, the Kenya National Examination Council (KNEC) and the Attorney General (AG) have also been enjoined in the suit.
[caption caption="IEBC Chairman Wafula Chebukati and commissioner Consolata Maina and "][/caption]
The electoral body has gazetted most primary and secondary schools as polling stations or tallying centers during elections.