By Judy Ogutu

A suit by former Electoral Commission of Kenya (ECK) commissioners challenging disbandment of the electoral body will be heard next year.

A Constitutional Court comprising High Court Judges Roselyn Wendoh, George Dulu and Ruth Sitati on Monday fixed the case for February 3 and 4.

The 22 former commissioners were also ordered to serve the House Speaker with the hearing notice.

Mr Samuel Kivuitu, his deputy, Mr Kihara Muttu and 20 other commissioners are challenging the decision to disband the body and remove them from office using a constitutional amendment.

They have sued the Attorney General, the Speaker and the Interim Independent Electoral Commission.

According to them, ECK could only be abolished through a constitutional review process, which would replace the entire electoral system.

Only a tribunal can decide to remove ECK officials for misbehaviour or inability to exercise functions of their office, they argued, quoting Section 41 of the Constitution.

Parliament, they say, does not have unlimited powers to amend the Constitution in order to make lawful that which the constitution prohibits.

They want the court to interpret meaning and import of their security of tenure, independence of ECK, scope of Parliament’s legislative powers and nature and limits of checks and balances under the law.