Friday, August 29, 2014

Suit to stop referendum certified as urgent

Kieni MP Kanini Kega at Milimani Law Courts on the August 27, 2014, where he filed a petition seeking an order to stop Okoa Kenya's campaign to collect signatures for a referendum. PHOTO | EVANS HABIL | NATION MEDIA GROUP

Kieni MP Kanini Kega at Milimani Law Courts on the August 27, 2014, where he filed a petition seeking an order to stop Okoa Kenya's campaign to collect signatures for a referendum. PHOTO | EVANS HABIL | NATION MEDIA GROUP 
By ABIUD OCHIENG
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A High Court judge has certified as urgent an application by Kieni MP Kanini Kega seeking to stop Cord leaders from collecting signatures to petition for a national referendum.

 
High Court judge Isaac Lenaola on Thursday directed the petitioner's lawyer, Kibe Mungai, to serve all the respondents in the matter.
The respondents include Okoa Kenya, Orange Democratic Movement, Wiper Democratic Movement, Ford-Kenya, the Independent Elections and Boundaries Commission and the Commission for the Implementation of the Constitution.
The case will be heard inter-partes on Monday.
In his court papers, Mr Kega contends that the Okoa Kenya Movement had embarked on soliciting the signatures of at least one million voters pursuant to Article 257 of the Constitution, although it had not formulated its general suggestions into a draft Bill as required by the Constitution.
He contends that under Article 257(4) of the Constitution, the existence of a draft Bill is a condition for soliciting and procuring at least one million registered voters to support a popular initiative to amend the supreme law.
The Kieni MP also said that he had seen a document by Okoa Kenya known as the "Referendum Petition", which is the basis on which the movement, ODM, Wiper and Ford-Kenya are soliciting and procuring signatures.
The document, he said, did not detail the provisions of the Constitution that Okoa Kenya sought to amend, repeal or add to.

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