Marende contests case by former ECK chief
Former ECK commissioners wanted Speaker Kenneth Marende held for contempt for allowing debate on the Constitution of Kenya Amendment Bill, 2008 to proceed until it was passed into law, well aware that the matter was in court.. Photo/FILE
House Speaker Kenneth Marende has challenged a case filed by a former chairman of the disbanded elections body, saying it should be put on hold.
In an application, Mr Marende wants three judges handling the case to halt proceedings until his application is heard and determined in a higher court.
The Speaker says that he is wrongfully mentioned in the suit.
Mr Marende was summoned after he delivered a ruling which, according to the former boss of the now defunct Electoral Commission of Kenya (ECK) Mr Samuel Kivuitu, contravened a High Court order.
Mr Kivuitu and 21 other commissioners moved to court in 2008 to prevent the government from sacking them after it emerged that the ECK would be disbanded and a new election team appointed.
A court order was issued barring the government from terminating their contracts.
The former commissioners then went back to court, accusing the Speaker of allowing Parliament to discuss a matter that was in court.
They wanted him held for contempt for allowing debate on the Constitution of Kenya Amendment Bill, 2008 to proceed until it was passed into law, well aware that the matter was in court.
In their main application, the former commissioners also want the court to declare the ECK’s successor, the Interim Independent Electoral Commission, illegal. They also want to be paid damages.
The three judges will decide on June 16 whether to halt the proceedings and allow the Speaker to appeal.
