The Independent Electoral and Boundaries Commission(IEBC) on Thursday sought to have the petition seeking the declaration that a Senator is ineligible to be elected as a Governor dismissed.
Responding to the petition by a Mombasa voter, IEBC stated that the contention that a Senator, being a public officer, has to resign before seeking any elective position was inaccurate.
In a petition against former Mombasa Senator Hassan Omar, Mr Hamilton Walongo - the petitioner - wants the court to declare the legislator as having been ineligible to vie for governor in the August 8 elections.
The petition seeks to challenge Omar's position to vie for the gubernatorial position in the August 8 election.
Through Lumatete Muchai and Company Advocates, however, the IEBC noted that Mr Omar was eligible to vie, adding that it was within the strict confines of the law in clearing him.
IEBC added that the petition was unfounded as it seeks to curtail Mr Omar’s constitutional rights without leaving a firm basis for curtailment.
“We submit that the petitioner has failed to prove the contentions raised in the petition,” the IEBC commented.
“The petition is premised on a clear misapprehension of the law,” IEBC asserted.
The electoral body argued that a Senator, being a Member of Parliament, was exempted from the requirement of resignation.
“Because of the significance of legislative duties of allocation of revenue, oversight and ensuring accountability, the drafters of the Constitution saw it prudent to bar the senator from running for the office of Governor,” Mr Walongo argued.
If the petition is allowed, governors who were senators prior to their election in the August 8 General Election could lose their seats.
[caption caption="Hassan Omar in a court session"]
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Justice Eric Ogola directed that the submissions by the parties be highlighted on March 13.
Omar has filed a petition against Joho in which he is seeking to have the Governor's win in the August election quashed.
