Governors have threatened to go to court if parliament passes an amendment to the election law to allow for one appeal in an election petition.
The governors say the bill is unconstitutional, as it goes against article 48 of the constitution on access to justice and fair hearing.
The Bill, which is on its second reading proposes changes to the election law to allow for only one appeal in an election petition.
This means the Supreme Court will only hear one presidential petition, meaning governors and other legislators will end up at the court of appeal, while those involved in the MCAs will end up at the High Court.
Guvnors insist the Bill is unconstitutional.
“This is a contravention of article 48 on access to justice, on fair hearing, and is not in the best interest of the public to limit the rights of citizens who feel aggrieved by an election to get a second and third opinion in the highest court in the land,” said Peter Munya, the chair of council of governors.
The bill was introduced by the Legal and Justice Affairs committee, and is claimed to be the brainchild of the judiciary.
Chief Justice David Maraga put together this proposal, and forwarded them to parliament, and argues that election petitions will be settled in time.
Tom Ojienda also questioned the constitutionality of the Bill, saying it threatens the country’s fledgling democracy, fundamental freedoms in the Bill of Rights and political stability.
The Bill now awaits the speaker’s ruling on whether it will proceed following the challenges on its constitutionality.
[Chairman of council of governors Peter Munya. He has threatened that the will go to court over a Bill that seeks to have a single petition in election petitions.]