Seven judges to hear poll date case

By Wahome Thuku

A case seeking an opinion on the date for the next General Election could be heard by all the seven judges of the Supreme Court.

Chief Justice Willy Mutunga has given an indication that all the judges could sit in the case filed by the Interim Independent Electoral Commission (IIEC).

Mutunga would then preside in his capacity as president of the court.

But the judges will first deal with a preliminary objection raised by Kilome MP Harun Mwau challenging the authority of the Supreme Court to give an opinion on the election date.

Mwau wants the matter resolved by the High Court, which, he argues, has the first jurisdiction to make such a constitutional interpretation.

In his objection filed through lawyer Ian Maina, the Kilome MP argues that the issue of election is not envisaged under Article 163(6) of the Constitution.

The article provides that the court may give advisory opinion at the request of the national Government, any State organ, or any county government with respect to any matter concerning county government.

Case filed

Thursday, judges Mohammed Ibrahim and Njoki Ndung’u ordered that the case be heard on November 15.

Mwau filed his case at the High Court in May and was directed to await directions of the Supreme Court.

He argues that only Kenyan voters and their elected leaders have interest in the opinion on election date and not organisers of the polls.

In a separate development, it has also emerged that shortage of qualified lawyers at the Attorney General’s chambers could hamper participation of the State in Supreme Court proceedings.

Deputy Solicitor General Muthoni Kimani said yesterday the office had a problem, as majority of the State Counsel had not attained seven-year experience.

Under the Supreme Court, only an advocate of at least seven years standing can represent a party before the court. This rule is so jealously guarded that yesterday all lawyers appearing before the court were asked to submit their practicing certificates to the registrar.