IDPs is a continuous process being undertaken by a body known as the
National
Consultative
Coordination
Committee
on
IDPS
(NCCC)
established under the Prevention, Protection and Assistance to Internally
Displaced Persons and Affected Communities Act, 2012 and the funds
alluded to were approved for disbursement by Parliament and not the 3rd
respondent. Counsel further argued that there is no evidence that any of the
beneficiaries were influenced by that payment to vote for the 3rd
respondent.
[73] In her affidavit, Winnie Guchu also refuted the claim that the 3rd
respondent advertised Government projects. She instead stated that there
is no provision in the Constitution that requires ongoing government
programs to be suspended during the election period. And that because
Article 35 of the Constitution guarantees the right to information, what is
called advertisement is actually information made available to members of
the public through the various available channels. In any case, that there
are two pending cases in the High Court namely; Apollo Mboya v.
Attorney- General & 3 Others16 and Jack Munialo & 12 Others v.
Attorney- General and Independent Electoral and Boundaries
Commission, 17 challenging the constitutionality of Section 14 of the
Election Offences Act and that therefore therein is the right forum for the
petitioners to raise their complaints.
16
Apollo Mboya v. Attorney General & 3 Others, Petition No. 162 of 2017.
17
Jack Munialo & 12 Others v. Attorney-General and the Independent Electoral and Boundaries
Commission, Petition 182 of 2017.
Presidential
Petition
No.
1
of
2017
29
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