In Summary
  • Justice Makau also stopped the party from presenting the Bill to the Speaker of the National Assembly.
  • He said the orders will remain in force for 14 days as other parties named in the petition file their responses.
  • The petition further says IEBC does not have the quorum as there are only two commissioners and the chairman.

The High Court has stopped the 47 county assemblies across the country from debating and approving a Bill fronted by Thirdway Alliance Kenya party, popularly known as Punguza Mizigo.

Justice James Makau also stopped the party from presenting the Bill to the Speaker of the National Assembly, pending a case filed in court against it.

The judge said the orders will remain in force for 14 days as other parties named in the petition file their responses.

PROTEST

Thirdway Alliance, through Elias Mutuma protested the move, saying they were only given less than a day to file their response.

The lawyer told the court that they should have been given at least three clear days to respond.

While issuing the order, Justice Makau directed Mr Mutuma to file his response within five days and the case be heard on August 13.

The petition was filed by Mr David Kamau Ngari and International Economic Law Centre and has named the Independent Electoral and Boundaries Commission (IEBC), the Speakers of National Assembly and Senate, Thirdway Alliance and 47 Speakers of the county assemblies.

REFERENDUM LAW

Mr Ngari has faulted the Bill, stating that while aware that there is no national referendum law, IEBC has purported to receive, verify and approve the Bill and forwarded it to the county assemblies for debate and approval.

He says that most of the proposals in the Bill will ultimately require a national referendum under Article 255(2).

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