Court gives Cord nod for referendum signature collection
What you need to know:
- The judge said that the MP should have convinced him that there was a real danger of violation of the Constitution between now and when the Independent Electoral and Boundaries Commission (IEBC ) is expected to call for a referendum, should the Cord initiative succeed.
- The legislator, through lawyer Kibe Mungai, argues that Cord leaders are required to first formulate a draft Bill that would give them the mandate to solicit and procure at least one million signatures from registered voters to support the initiative to amend the Constitution.
The Coalition for Reforms and Democracy (Cord) got a reprieve on Friday when the High Court declined to temporarily stop them from collecting signatures for a referendum.
Mr Justice George Odunga in his ruling said he was not convinced that the orders sought by Kieni Member of Parliament (MP) Kanini Kega were necessary.
The judge said that the MP should have convinced him that there was a real danger of violation of the Constitution between now and when the Independent Electoral and Boundaries Commission (IEBC ) is expected to call for a referendum, should the Cord initiative succeed.
“Mr Kega sought to have shown this court that by the time this case is heard and determined, the initiative will have gone beyond the reach of the court,” Justice Odunga said.
GIVEN PRIORITY
The judge however said the matter is of public interest and should be heard on priority.
The judge directed that the file of the case to be placed before Constitutional and Human Rights division head Isaac Lenaola or any other judge on September 23 for directions and further orders.
In the case, Mr Kega claims that Cord leaders had not met the necessary conditions set under the law for the process of holding a referendum.
The legislator, through lawyer Kibe Mungai, argues that Cord leaders are required to first formulate a draft Bill that would give them the mandate to solicit and procure at least one million signatures from registered voters to support the initiative to amend the Constitution.
Mr Kega has sued the Okoa Kenya movement, Orange Democratic Movement (ODM), Wiper Party and Ford – Kenya.
Mr Mungai had initially told the court that under Article 257(4) of the Constitution, the existence of a draft Bill is a condition for soliciting and seeking at least one million registered voters to support a popular initiative to amend the law.
The lawmaker had sued the Attorney-General and Commission for the Implementation of the Constitution (CIC) and has criticized them for failing in their duties to object accordingly to advise the public, Parliament and the Government that no amendment of the Constitution can be lawfully effected until the implementation period is over.
