Case seeks to stop promulgation of new law - Daily Nation
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Case seeks to stop promulgation of new law

Thursday August 19 2010

An IIEC official pours out cast ballot papers during a counting exercise at Railways Junior Club Polling Station in Eldoret North Constituency, August 4, 2010. The High Court has certified urgent a case seeking to stop the August 27 promulgation of new Constitution, arguing the results were not published as per the law. JARED NYATAYA | NATION

An IIEC official pours out cast ballot papers during a counting exercise at Railways Junior Club Polling Station in Eldoret North Constituency, August 4, 2010. The High Court has certified urgent a case seeking to stop the August 27 promulgation of new Constitution, arguing the results were not published as per the law. JARED NYATAYA | NATION 

By JILLO KADIDA

The High Court has certified urgent a case seeking to stop the August 27 promulgation of new Constitution arguing the results were not published as per the law.

The court case was filed by a polling agent seeking to block plans to bring into effect the new law, saying the referendum results were not published in accordance with the law.

Ms Mary Ariviza who describes herself as a representative of church at both Muthangari and Westlands polling stations in the August 4 referendum is also seeking an order to nullify a gazette notice dated August 6, in which the results were published.

And why? She says this particular gazette notice purports to be a certificate of results of referendum yet it does not conform to Schedule 2 of the referendum regulations.

The provisions in the said schedule of the Constitution of Kenya Review regulations demand that the final referendum results be gazetted.

The final result certificate ought to indicate in figures the total number of votes cast in support of the constitution, those cast against the constitution and it should be signed by the chairman of Interim Independent Electoral Commission (IIEC).

The certificate should also indicate whether or not the new Constitution has been ratified.

Format

According to Ms Ariviza, the notice that IIEC published is not valid as it did not give the results of referendum in the format provided for by law.

Ms Ariviza filed her case before the High Court even though there is a special court mandated to hear matters relating to the constitution review process and the referendum.
She asked the court to consider the urgency of the case and waive the requirement to give notice to registrar before filing her case.

And after hearing her arguments High Court Judge Mr Justice Aggrey Muchelule certified the case as urgent and directed her to serve her suit papers on both the IIEC and the Attorney-General Amos Wako who have been sued as respondents.

The judge further directed that the case comes up for hearing on Friday morning.