The IEBC has told court that it has put regulations in place to govern the voting exercise in areas where curfews have been imposed.
While responding to a case filed by NASA seeking to have the curfews lifted, the electoral body said that presiding officers at every polling station are empowered under rule 64(1) of the Election Regulations to adjourn proceedings at their polling station.
The body added 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 (Lamu,Garissa and Tana River) where curfew have been imposed.
The commission further added 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.
IEBC said that 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.
In the petition, NASA claims that the curfew will infringe voter’s right in the areas during the elections.
They argue that the effect of the curfew is that the voting time has been limited and there will be a big delay in the start of polling on Election Day.
NASA further argues that the presence of an unwarranted number of police officers has occasioned great intimidation as they patrol the affected counties to enforce the curfew.
The opposition says that the curfew is illegal as the process leading to its imposition did not comply with the law and it is for an unreasonable, unjustifiable length of time.
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.
