[Kenya's highest Court. Photo/nepjournl.com]
Governors have raised eyebrows over the Election Laws (Amendment) Bill 2017.
The Bill seeks to amend the Elections Act No. 25 of 2011 and introduce requirements, allowing only one appeal in an election petition, therefore limiting the jurisdiction of the courts to hear and determine election petitions.
Undoubtedly, the Council of Governors said this is a contravention of Article 48 on access to justice and Article 50 on fair hearing.
''Additionally, the Constitution has unequivocally provided for the jurisdiction of the High Court, the Court of Appeal and the Supreme Court; which jurisdiction cannot be impeded by a statute.''
Through chairman, Peter Munya, governors have opposed the Bill, saying it seeks to oust the jurisdiction of the Supreme Court entrenched in Article 163 of the Constitution, limiting the right of Appeal by proposing that one cannot seek redress in the apex court on an election petition related to the office of the governor, senator or Member of the National Assembly.
''The right of appeal is integral in the fulfillment of Article 50 on the right to fair hearing. And the Constitution has gone further to protect this right by, at Article 25, stating that it cannot be limited,'' he said, Wednesday.
Addressing the press, Munya noted a Bill of this nature goes against the will of Kenyans who overwhelmingly endorsed the Constitution which explicitly provides for access to the highest court in the land.