Judge declines to rule on election dates cases

By Judy Ogutu and Wahome Thuku

Two cases challenging the move to amend the Constitution will await the outcome of advisory opinions pending before the Supreme Court.

High Court Judge, Justice David Majanja, said on Thursday it would be proper for the highest court in the land to deal with the cases.

"We will await action that will be taken by the Supreme Court," said Justice Majanja, when the cases came up before him.

In one case at the High Court, four civil society organisations are challenging a decision by Justice Minister Mutula Kilonzo to table before Parliament the Constitution of Kenya Amendment Bill 2011.

Kituo Cha Sheria, Youth Agenda, United Disabled People of Kenya and Constitution and Reform Education Consortium had earlier sought to block the minister from tabling the Bill, but the court declined to issue the restraining orders.

Right to equality

Mutula, they said, wanted to amend Article 97 of the Constitution where the said amendment would infringe on the right to equality and freedom from discrimination as provided in the Bill of Rights.

In the other case, an advocate, Mr Milton Mugambi Imanyara also sought to stop the tabling before Parliament of the Constitution (Amendment) Bill, 2011 in so far as it contained a proposal to amend Article 136(2)(a) of the Constitution without reference to a referendum.

Through lawyer Nelson Havi, Imanyara argued that the Bill seeks to amend the Constitution to alter the term of office of the President.

In the petition against the AG, the advocate is seeking for a declaration that no amendment to the Constitution affecting the term of the President can be proposed, enacted or effected into law without a referendum.

Also sought for is a declaration that the Constitution Amendment Bill, 2011 so far as it seeks to amend Articles 136(2 (a) of the Constitution is inconsistent with and in contravention of some Articles and the Sixth Schedule of the Constitution.

The cases will be mentioned on October 31.

Vested interests

Meanwhile, the Supreme Court will on Friday set a date for the hearing of cases seeking its interpretation on when to hold the next General Election.

Lawyers with interests in the two cases have been invited to the court Registry this morning to set a date when the matter will be mentioned.

Speaking at a news conference, Registrar Gladys Shollei said the Supreme Court would inform the public when the hearings will start.

The two cases were filed by the Commission for Implementation of the Constitution and the Interim Independent Electoral Commission in March and May.