Marende tells High Court to block ECK case

Tuesday, 24 May 2011 00:08 BY CAROLE MAINA

Speaker Kenneth Marende has asked the High Court to halt a case in which the former chairman of the defunct Electoral Commission of Kenya wants the Interim Independent Electoral Commission declared illegal.

Marende wants a three-judge bench to temporary stop the case filed in 2008 by Samuel Kivuitu and 21 commissioners to allow him pursue an appeal.

Marende was summoned to the case after he delivered a ruling which Kivuitu is contesting on the ground he went against a ruling of the High Court.

Yesterday, Marende urged court to halt the proceedings until his application is heard and determined. He argued that he has been wrongfully dragged into the case and that he needs to appeal to a higher court. He wants the court to order the former commissioners to remove his name as a respondent in their case.

Kivuitu and the commissioners moved to court three years ago to stop the government from removing them from office after it emerged that ECK was going to be disbanded to give way to a new election body.

Then, a court order was issued barring the government from terminating the contracts of the commissioners. However parliament unanimously agreed to disband ECK.

Kivuitu then dashed back to court accusing the speaker of allowing parliament to discuss a matter that was in court. And he wants Marende held for contempt for allowing the debate on the Constitution of Kenya Amendment Bill 2008 to proceed until passage into law, well aware that the matter was in court. The commissioners also want to be paid damages. High Court judges Kalpana Rawal, David Maraga and George Dulu will rule on June 16l.