Blow to Koome as High court quashes gag order on presidential petition

Justice Mugure Thande on Wednesday also declined to issue a stay of her judgement to Koome.

In Summary

• The rules barred advocates and litigants from discussing the case before judgment.

• Justice Mugure Thande on Wednesday also declined to issue a stay of her judgement to Koome.

Chief Justice Martha Koome addressing advocates on February 28, 2022.
CJ KOOME: Chief Justice Martha Koome addressing advocates on February 28, 2022.
Image: COURTESY

Chief Justice Martha Koome has suffered a blow after the high court quashed the presidential petition amendment rules.

The rules barred parties from discussing the case before judgment.

Justice Mugure Thande on Wednesday also declined to issue a stay of her judgement to Koome.

“The High Court finds that the Supreme Court (Presidential Election Petition Amendment Rules ) 2022 are declared unconstitutional for Not adhering to Public Participation requirements for usurpation of the authority of Parliament,” Justice Thande said.

In May, Koome in a Presidential Election Petition Amendment Rules said lawyers could not discuss the matter until judgement has been delivered.

She said failure to adhere to the rules would amount to contempt.

"Upon commencement of the hearing of the petition by the Court, litigants, their advocates and advocates' agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede Court proceedings, until judgement is delivered," read part of the amendments.

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