High Court Judge Chacha Mwita [Photo/nation.co.ke]
The High Court has dismissed an application by Jubilee Party as an interested party in a case challenging the election law amendments.
In his ruling, High court judge Chacha Mwita, stated that once a law has been passed it's a National matter and not political party issues.
However, National Assembly prayer to be enjoined in the case has been allowed.
The case was filed by Katiba Institute claiming the election laws amendments were unconstitutional.The lobby group is also seeking a determination whether it is lawful for the National Assembly to pass laws engineered to specifically regulate events that the majority party is happy with or in opposition to.Additionally, the group has asked the court to decide whether it is lawful to pass a law in order to excuse or exonerate a person from criminal liability and defeat tenets of good governance, rule of law, accountability and prudent use of public resources.
Jubilee party wanted to be enjoined in the case so as to enable the court to appreciate the context of the amendments and to aid it to reach a reasoned finding in the determination of the petition.
However, the court said that the AG who is a respondent in the matter is able to argue and represent all their interest including of the Kenyans.In its application, Jubilee party had argued that the National Assembly and the Senate did undertake appropriate process including collecting and collating information and views from the public the public to enrich and inform the debate on the proposed amendments in law as required by law.“It is in the interest of justice join the Jubilee Party in these proceedings as an interested party to enable the court to appreciate the context of the amendments and to aid it to reach a reasoned finding in the determination of the petition,” read the application.