Voi High court will on Friday deliver a judgment on whether curfew imposed in Lamu, Garissa & Tana River will be lifted or not.
NASA claims that the curfew will infringe voter’s right in the areas during the elections.
The National Super Alliance wanst the court to declare the curfew in three counties declared null and void.
The opposition claims that the effect of the curfew imposed is that the voting time has been limited and that there shall be great delay in the start of the exercise on the voting day).
“As a result of the curfew, the petitioner is apprehensive that the curfew shall result in the infringement of its political rights and those of citizens of the counties,” argues NASA.
CS Interior, Inspector General of Police, National Police Service and the Independent Electoral and Boundaries Commission (IEBC) have been named as respondents in the case.
IEBC says that it has put in place regulations to govern the voting exercise in areas where curfews have been imposed.
The electoral commission says that presiding officers at every polling station is empowered under rule 64(1) of the Election Regulations to adjourn proceedings at his polling station.
Further the commission says that presiding officers at every polling station is empowered to extend the hours of polling at the polling stations where polling has been interrupted or for other valid cause.
“Any delay in the opening of polls in the affected areas will be compensated by exercise of the provisions of rule 64(1) and 64 (3) of the Election General regulations, “says IEBC
While responding to a case filed by opposition seeking to have curfew imposed in Lamu, Garissa & Tana River lifted the commission says that it has complied with its constitutional mandate by putting in place measures to ensure there are free and fair elections within entire country and more specifically the three counties where curfew have been imposed.
In the case NASA claims that the curfew will infringe voter’s right in the areas during the elections.