CORD enjoined in petition challenging new election laws

October 25, 2016 3:34 pm
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CORD has subsequently appointed Apollo Mboya and Anthony Oluoch as its lawyers to represent it in the petition/FILE
CORD has subsequently appointed Apollo Mboya and Anthony Oluoch as its lawyers to represent it in the petition/FILE

, NAIROBI, Kenya, Oct 25 – The Coalition for Reforms and Democracy (CORD) has been enjoined in a petition filed by a city lawyer challenging the new Amendment Elections laws that were assented to by the President Uhuru Kenyatta last month.

CORD has subsequently appointed Apollo Mboya and Anthony Oluoch as its lawyers to represent it in the petition.

Justice Joseph Onguto gave the parties who include the Attorney General, National Assembly, Senate and the Independent Electoral and Boundaries Commission (IEBC) a time frame to file their responses to the petition filed by Mugambi Imanyara.

He further directed that the case be mentioned on the 16th November to confirm compliance and directions be given as to the hearing.

In the petition, Imanyara indicated that the new Act provides for sweeping election reforms ahead of next year’s general election.

He pointed out that the Act brings to effect the submission of names of candidate for elections by Political Parties to be at least 60 days, before the election, saying the provisions is unconstitutional.

Through his lawyer Martin Gitonga, Imanyara argues that the elections Act now gives the Independent Electoral Boundaries Commission (IEBC) powers to conduct nomination for selection of candidates for elections at the request of parties, saying IEBC under the constitution has no powers to conduct nomination of candidates.

In the petition, he wants section 2(c) and 10 of the new electoral laws declared unconstitutional.

The lawyer wants the court to make a finding that IEBC be given power to settle any disputes that may arise from the process of nominating candidates.

At the hearing he will seek to have the court declare that the use of public money by the IEBC to conduct nominations on behalf of political parties is unlawful.

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