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26 January 2012
The ruling on an application by a voter to stop the recruitment of new officials to the Independent Electoral and Boundaries Commission will be made on February 10.
Mr Reuben Ombima had in his application argued that the contracts of the chief executive officer and the secretary to the commission were yet to expire and thus an advertisement declaring the positions vacant was unconstitutional.
On Thursday, the IEBC, through lawyer Wambua Kilonzo, argued that the position of secretary to the Interim Independent Electoral Commission did not exist and therefore the application by Mr Ombima was fraud to the High Court.
Opposed the application
Mr Kilonzo told the High Court in Kisumu that the only executive positions provided for in the IIEC under the former constitution were those of the chairman and eight other members.
"No office was created for the secretary and Mr Oswago was employed as a chief electoral officer," he said.
However, lawyer Richard Onsongo, for Mr Ombima, opposed the application by IEBC arguing that the commission had contravened the Constitution since Mr Oswago was yet to end his five-year contract.
IEBC had intended to recruit new officials through a transparent and competitive process but the exercise suspended pending the hearing and subsequent determination of the case.