Two ask court to expunge part of Review Act

Two advocates want the courts to intervene in the mode of voting for the referendum on the Proposed Constitution.

Mr Cosmus Kipkemoi Koech and Mr Kamau Daniel Chege are challenging Section 37(3) of the Constitution of Kenya Review Act 2008, which they say violates freedom of expression.

They have filed an urgent suit at the High Court in Nairobi challenging the constitutionality of that section of the Review Act.

They want the court to declare the law null and void to the extent that it limits the options and alternatives available to a voter and therefore constitutes an infringement of the freedom of expression and opinion of thought.

In addition, they are asking that a multi-optional system of the referendum be adopted or the court grants orders it deems fit.

The section they are challenging provides that there shall be a question at the forthcoming referendum requiring voters to indicate whether they wholly approve or disapprove the Proposed Constitution, which shall require the answer ‘Yes’ or ‘No’.

The applicants say they are in "total disagreement with specific provisions as stipulated in it".

They argue provision of a ‘Yes’ or ‘No’ to the proposed law puts the petitioners in dilemma and confusion.