The National Super Alliance (Nasa) has
filed a petition seeking to have a curfew imposed in Lamu, Garissa and
Tana River counties declared null and void.
Nasa also
want the curfew issued via Legal Notice No.107 by the Acting Cabinet
Secretary Interior, Fred Matiang’i be quashed and set aside.
Through
Otieno Ogola & Co Advocates, Nasa says 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 it (curfew)
shall result in the infringement of its political rights and those of
citizens of the counties,” read part of the petition.
Nasa
has sued the CS Interior, Inspector General of Police, National Police
Service and the Independent Electoral and Boundaries Commission (IEBC).
The
opposition alliance further says that it is apprehensive that the
respondent shall in the coming General Election lock out its agents and
members of the public from the polling stations and tallying centers
thereby lead to a violation of constitutional rights.
“The
curfew imposes an unjustifiable limit on the participation of the
people in the election process, from the time before and after the
voting,” the petition further reads in part.
Nasa
further argues that the presence of an unwarranted number of police
officers has occasioned great intimidation as they are patrolling all
over the affected counties in enforcing the curfew among others.
Nasa
also says that the imposition of the curfew was illegal as the process
leading to the imposition did not comply with the law and it is for an
unreasonable, unjustifiable length of time.
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