| The High Court in Eldoret has ordered that chairman Independent Electoral and Boundaries Commission Isaack Hassan should face contempt proceedings. . |
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Hassan is to face the proceedings for failing to obey the court's order in connection with a civic election petition for the Market Ward in Eldoret town.
Justice Festus Azangalala on Friday granted leave to businesswoman Jane Wangui Muriithi allowing her to sue Hassan for the matter under a certificate of urgency. "Leave is hereby granted to the applicant (Muriithi) to take out committal proceedings for contempt of court against the chairman of the IEBC to have him committed to civil jail for a period not exceeding six months for disobeying or disregarding clear orders of the High Court," said the order issued by the judge.
The order was issued on November 29, 2011 in which Azangalala ordered fresh elections for a councillor to represent the ward. Jane Muriithi moved to the court arguing that the IEBC has failed to implement the court's order that the election of William Kiptum for Market ward be nullified and that his name be degazetted.
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Through Lawyer E.O Ogesa, Muriithi moved to the court seeking leave to file contempt proceedings Hassan for failing to order the degazzetment of the councillor after the court nullified the 2007 election of Kiptum last November. "Despite having served with the court order, he has not effected the degazzetment of Kiptum so that the process on a by-election can take place as ordered by the High Court last November," says Muriithi in her court papers.
In his ruling on the petition filed by Muriithi, Azangalala had said the declaration of William Kiptum as elected councilor for the market ward was irregular because the elections had many glaring irregularities. A petition filed by Wangui went on at the courts for the last four years and despite the final decision having been made, she is fighting to have the court orders implemented. “I order that a by-election be held in the market ward so that voters in the area can elect a representative of their choice”, the judge had ordered.
Wangui was challenging the declaration of Kiptum as winner for the civic seat by the defunct Electoral Commission of Kenya (ECK) during the disputed 2007 polls. Kiptum was represented by Lawyer Elizabeth Rotich in the case. Wangui will now go ahead to sue Hassan for contempt.
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