Court clears way for Kenya referendum

A referendum court, the Dispute Resolution Court, has thrown out one of the cases challenging the proposed constitution, clearing way for Wednesday poll on the document.

The case filed by activist Okoiti Omtatah and four others sought to stop the referendum on the grounds that the Interim Independent Electoral Commission (IIEC), the Attorney-General and the Committee of Experts were engaged in partisan civic education. They said the campaigns were a compromise on a free and fair electoral process.

However, ruling is yet to be made on a second case that seeks to compel IIEC to allow Kenyans in the Diaspora to vote at the poll.

Another case filed by two voters also awaits the court's decision, which challenges a law on the referendum, arguing that section 37(3) of the Constitution of Kenya Review Act 2008 infringed on their right of expression. Mr Kamau Daniel Chege and Mr Cosmus Kipkemoi Ng'eno point out that having to say 'Yes' or 'No' at the vote is limiting in itself, arguing that one might agree with only some provisions of the proposed law.