By FELIX OLICK
Attorney General Githu Muigai has challenged those who are against the controversial amendments to the Political Parties and Election Act to go to court.
Prof Muigai said that the Constitution has created the Supreme Court to resolve constitutional controversies and faulted those insisting that the amendments are unconstitutional.
“If one party says it is unconstitutional and another party says it is constitutional, then we should have the national discipline and say let’s refer the matter to the Supreme Court for an authoritative interpretation,” he said.
Speaking Friday after opening a consultative forum for Advocates Disciplinary Committee and Advocates Complaint Commission at the State Law Office, Muigai criticised those who have reacted angrily to the amendments, terming it unfortunate.
He said that although the Commission on Implementation of the Constitution (CIC) has said that the amendments are unconstitutional, the Constitutional Implementation Oversight Committee thinks otherwise.
“That is why it is only the Supreme Court that can offer authoritative interpretation,” he said. The Government chief legal advisor regretted that the issue had generated a lot of emotive and pejorative language, which he said poisons the atmosphere for democracy.
“The problem in this country is that the language of disagreement is very violent. People deny others the good faith. They arrogate to themselves the only correct interpretation,” he said.
The AG insisted that Parliament has the powers to make amendments to any law so long as it does not conflict with the constitutional provisions. He defended himself, arguing that his office has no powers over Parliament. But he said he would advise the President appropriately on the Statute Law (Miscellaneous Amendment) Bill.
And Law Society of Kenya Chairman Eric Mutua has said that the amendments are illegal, adding that they are a scheme by Parliament to circumvent the provisions of the Constitution that deal with leadership and integrity.
On Thursday, MPs licensed party hoping and allowed nomination of presidential losers and their running mates to Parliament by effecting changes to the Miscellaneous Amendment Bill.
Meanwhile, Fida-Kenya and other civil society organisations have expressed concern about the amendments. Fida said in a statement that when Kenya voted for the Constitution in 2010, a new order was supposed to take charge of the country.
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