High Court rejects Jubilee bid to join election laws suit



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Oct 23, 2014


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The High Court has declined an application for Jubilee Party to be an interested party in a case challenging election laws.

Judge Chacha Mwita ruled on Wednesday that once the Bill became law, it changed from a political parties issue to a national matter.

Mwita allowed the National Assembly to be enjoined to the case.

President Uhuru Kenyatta's party made the application to enable the court appreciate the context of amendments and reach reasonable findings.

But the High Court noted that AG Githu Muigai, who is a respondent, can represent the interests of all Kenyans.

Jubilee had argued that the National Assembly and the Senate did not take proper steps, including collecting and collating information and views from the public, to enrich the debate on Election Laws (Amendments) Bill, 2017.

"It is in the interest of justice to enjoin Jubilee Party to the proceedings as an interested party..." the petition reads in part.

In an affidavit sworn by MaryKaren Kigen, the party claims that though some Opposition MPs and senators did not participate in the legislative process, the public and other entities fully took part, leading to approval of changes.

Katiba Institute moved to court to challenge the laws.

The lobby group wants a determination on whether it is lawful for the National Assembly to pass laws engineered to specifically regulate events that the majority party is happy with or in opposition to.

Katiba also asked the court to decide whether it is lawful to pass a law to excuse or exonerate a person from criminal liability and defeat tenets of good governance, rule of law, accountability and prudent use of public resources

Source: star coke

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