Court gives nod to election date case

The Supreme Court has agreed to hear and rule on a petition by the Interim Independent Electoral Commission (IIEC) seeking to be advised on the Election Day.

It took only one hour for Justices Jackton Ojwang’ and Njoki Ndung’u to determine that the matter was of great public importance and direct that it be heard before a full bench of not less than five judges.

Enjoined in the case

The electoral body wants the court to determine the election dates of the President, members of the National Assembly, the Senate, governors and members of the County Assemblies as provided for in the Constitution. (READ: Tough test for new Supreme Court)

The commission submitted that the confusion over the dates must be resolved immediately to enable it plan for the general elections.

The Supreme Court also allowed three interested parties to be enjoined in the case and rejected two other requests on grounds that they did not meet the requirements of the same.

The judges ruled that Kilome MP Harun Mwau and Mr Mugambi Imanyara who have filed similar cases be admitted in the petition, effectively stopping their cases pending before the High Court.

Former Constitutional of Kenya Review Commission chairman Yash Pal Ghai was also admitted as amicus (someone not party to a case, who volunteers to offer information to help a court decide on a matter before it).

They, however, dismissed the application of the Kenya Institute of Governance (KIG) and civil society activist Okiya Omtatah.

“The organisation does not give reasons why they want to be admitted while Mr Omtatah has not satisfied which of his rights are likely to be violated. We thus decline to admit them in the case,” Lady Justice Ndung’u said.

The judges ruled that the case would not be consolidated with the CIC one. They directed all the parties to file their submissions within five days before the petition comes up for hearing on November 3.