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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