Mombasa, KENYA: Independent Electoral and Boundaries Commission on Tuesday filed a cross petition in Mombasa high court challenging section 26 of the county government act declaring it unconstitutional.
Section 26 of the county government act states that for the purpose of the first general elections under the constitution,IEBC shall ensure that each county comprises at least fifteen wards.
The section also requires IEBC to review the names of the boundaries of the wards at interval and ensure that no county shall comprise less than twenty five wards.
IEBC are challenging the act 26 and now want to be given the powers to decide the number of wards in each county.
This come after residents in Lamu County filed a petition in court challenging IEBC for conducting last general election in Lamu without following the constitution.
According to complainant laywer Mr.Yusuf Abubakar it was unconstitutional for IEBC to conduct elections in Lamu county with only ten wards when the constitution states at least fifteen.
In there petition they also sued the attorney general, legal advisor of the government for failing to protect and uphold the rule of law,the constitution and defend the public interest.
Mr.Abubakar further stated that it is the right of Kenyans to respect ,uphold and defend the constitution and that is the reason why his clients were in court.
He also challenged IEBC for giving more MCA nomination positions in Lamu compared to other counties as a way to defend themselves.
This case will be heard in Mombasa high court on 3rd May.