The High Court has approved IEBC’s request to have the public leave the polling stations after casting their votes.
According to Daily Nation, the directive bars voters from remaining within a 400-meter radius from a polling station after they vote.
while delivering the statement backing the directive, Justice Richard Mwongo said it has a legal basis
“I declare there is a legal basis for the establishment of a 400-meter radius from the center of a polling station within which persons not involved in the counting of votes may, where necessary at the discretion of the IEBC, not be permitted to be,” Judge Mwongo ruled Saturday.
The directive, however, does not authorize the IEBC to evict people who live near polling stations within the barred radius.
Busia senatorial candidate Mr. Okiya Omtatah had on Thursday moved to court, protesting the directive arguing that article 86 of the Constitution requires that the elections be transparent and that it is unlawful to keep citizens away from polling stations.
“The elections cannot be transparent when people are barred from participating in the counting and tallying of votes and announcing of results,” his petition read.
However, judge Mwongo said that ”where there are residences or homesteads within the radius of 400 metres from the centre of a polling station, the presiding officer and police officers at a polling station have no authority to evict or remove or handle the inhabitants and residents thereof in any manner which would keep them out of or away from the said residences.”