Nasa sues IEBC, Matiang’i over Lamu curfew

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).

READ: Enforce electoral offences law to attain credible polls

READ: Nasa loses yet another court battle

ALSO READ: Big relief for IEBC as Appeal Court throws out ballot case

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.