The National Super Alliance (NASA) has sued the Independent Electoral and Boundaries Commission (IEBC) and acting Interior Cabinet Secretary Fred Matiang’i seeking to have the dusk to dawn curfew imposed in Lamu, Garissa and Tana River counties be declared null and void.
The opposition coalition further wants the curfew issued by Matiang’i via Legal Notice No.107 earlier this month be quashed and set aside.
In a suit filed by Lawyer Otieno Ogola & Co Advocates, NASA argues that the curfew slapped on the three counties will greatly affect voter turnout 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.
Inspector General of Police Joseph Boinnet and National Police Service are other entities that NASA has sued in the petition.
The opposition said that the curfew will lock out IEBC agents and members of the public from the polling stations and tallying centers which is 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.
The opposition in the petition further says that unwarranted number of police officers in the affected areas has occasioned great intimidation. It added that the curfew was illegal because the process used did comply with the law and it is for an unreasonable, unjustifiable length of time.