High court has directed IEBC to publish in the media a confirmation that the register is open for inspection within 48 hours.

Justice George Odunga ruled there was no evidence that the register was open before Africop lodged  proceedings in court.

Africa Centre for Open Governance (Africog) director Gladwell Otieno wanted the electoral agency compelled to publish and open up the voter register for public scrutiny.

Section 6 of the Election Act and Regulations 33 of the Elections requires that the register of voters be opened up for inspection by voters 90 days before the election.

“In the future , IEBC should ensure that the voters register is open for inspection by members of the public at all times for the purpose of rectifying particulars therein,”the judge said.

Statutory duties

But he declined to stop IEBC from distributing a purported register of voters to returning officers for use in the General Election before being subjected to public inspection in a reasonable time frame.

The court said that by doing so it will be interfering with the preparation of the general elections.

“Doing so , it will be stopping IEBC from carrying its statutory duties…” the judge said.

He said  that within 90 days to the general election, the register of voters should be open  for scrutiny for a period of at least 30 days.

Noted inconsistencies

Otieno said that an inspection of the register will enable voters scrutinize and ascertain the actual registered voters in their areas of concern and allay fears of threats to the rights and freedoms to have a free and fair election.

Africog held that  there are noted inconsistencies in numbers declared by IEBC adding that the actual number of registered voters is not certain in some regions.