This archive report was first published on 6 November 2019.
Published on November 6, 2019, the High Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to immediately release the complete Kibra voters register ahead of tomorrow's by-election.
The order follows a petition filed by the ODM Party, which sued the IEBC for failing to release or publish an updated voter register ahead of the by-election.
According to the petition, ODM had written to IEBC three times since September 20, asking for the publication of the register, but the electoral commission remained unresponsive.
Justice James Makau directed IEBC to release the voters list minus personal details of the constituents.
However, the electoral body sought to have the ruling suspended, arguing that it needed 10 days to comply with the order.
IEBC claimed its personnel were already on the ground preparing for the by-election and would need more time to retrieve the register.
ODM challenged IEBC's claim, stating that the register is electronic and can be accessed quickly.
“It is an automated process, it's not a manual process… All they need to do is just to click a button and the information will be there,” said ODM's lawyer.
Justice Makau ruled in favour of ODM, noting that failure to avail the register is a violation of the access to information law.
“Much as the IEBC has tried to pursue this court, I find that it would be against the interest of justice to grant the stay and the same is declined,” ruled the judge.
