Cord enjoined in petition challenging election laws

President Uhuru Kenyatta during the signing of key bills at State House, Nairobi. /FILE
President Uhuru Kenyatta during the signing of key bills at State House, Nairobi. /FILE

Cord has been enjoined in a petition filed by a city lawyer challenging the new amendment to elections laws that were ratified by the President on September 14, 2016.

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

Justice Joseph Onguto on Tuesday gave parties namely the AG, National Assembly, Senate and IEBC until November 16 to confirm compliance.

They are expected to file their responses to the petition by Mugambi Imanyara by that time to pave way for further directions on the hearing.

In the petition, Imanyara says the amended Act has unconstitutional provisions in its proposal towards radical electoral reforms in the country.

He cites the provision of the law that requires that names of candidates for elections submitted to Political Parties at least 60 days before the election.

Imanyara through his lawyer Martin Gitonga, also challenges the powers accorded to IEBC to conduct nomination for selection of candidates for elections at the request of parties.

"IEBC under the constitution has no powers to conduct nomination of candidates," the petitioner states.

The petition 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.

The provisions were taken away after the enactment of the new Election Amendment Bill 2016.

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At the hearing, he will seek the court to declare that the use of public money by the IEBC to conduct nomination on behalf of political parties is unconstitutional.

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