Jubilee Party on Wednesday lost a bid to participate in a case that seeks to suspend implementation of the amended Election law.
High Court Judge Enoch Chacha Mwita declined to enjoin the ruling party, saying once a law has been passed it becomes a matter of the National Assembly and not political parties.
THE AG
“In my considered view, the Attorney-General is responsible for defending the government, for that reason, Jubilee’s concerns have been well taken care of,” ruled Justice Mwita.
“Consequently, I disallow the application by Jubilee and allow the one for the National Assembly.”
Jubilee has sought to be enjoined in the case filed by Katiba Institute and the Centre for Open Governance (Africog).
The lobbies have sued Attorney-General Githu Muigai and the Government Printer.
Former Ugenya MP David Ochieng’ has also sued the AG and the National Assembly while seeking to have the disputed law declared as unconstitutional as well as quashed.
Jubilee had claimed that since it has the majority MPs in the National Assembly, the Senate as well as county assemblies, it ought to participate in the case.
The amendments were instigated by the decision of the top court on September 1 to nullify the August 8 presidential results citing illegalities and irregularities.
UHURU
The bill on the disputed law was forwarded to President Uhuru Kenyatta on October 13 for assent but he did not sign it within the 14 days as stipulated in the law or return it back to Parliament.
It took effect after Prof Muigai gazette it.
The opposition refused to debate the bill, which was largely sponsored by the Jubilee Party.
In the case, the lobbies want the court to determine whether Parliament can pass a law to circumvent findings of the majority of Supreme Court judges.
Activist Okiya Omtatah has also challenged this law and wants sections of it quashed.
In his suit, he argues that the changes tie the hands of the court from determining election disputes on merit.
The matter will come up on December 5.
