My personal heroes with Kenyan civil society, the African Centre for Open Governance, went to the Kenyan High Court this morning with a petition seeking equitable relief to direct the IEBC to follow the election law, focusing on the verification of actual voting by polling station as discussed in my previous post.
The court ordered argument on jurisdiction alone at 11:00am in front of a three judge panel appointed by the Supreme Court, with ruling to be announced at 3:00. The ruling was not announced until 4:30. The court ruled essentially that any challenge to IEBC procedure related to the presidential election such that it could only be brought in the Supreme Court of Kenya. IEBC’s lawyer also argued that the Supreme Court could only hear the case after the IEBC declares an election result, although that would presumably be a decision for the Supreme Court itself. Thus the High Court “struck off” the case, finding no jurisdiction to act.
However, the Court did state that they had reviewed the affidavits and other evidence presented in support of the petition and found that they raised issues that were “not idle” and should be pursued in the appropriate forum. And ruled that each side to bear its own costs.
Things remain with the IEBC the time being.