AG told to respond to suit on elections law

Attorney General Githu Muigai. Photo/FILE  Attorney General Githu Muigai. Photo/FILE

By RICHARD MUNGUTI rmunguti@ke.nationmedia.com
Posted  Monday, October 10  2011 at  18:23

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A judge has directed the Attorney-General and the Justice Minister to respond to a case filed by two voters challenging sections of the elections law.

Lady Justice Mumbi Ngugi also asked the Interim Independent Electoral Commission (IIEC) to file answers to the case by Mr Alexander Muthengi Muchee and Mr Daniel Kipchirchir Sang by November 7.

The judge further ordered lawyers in the case to file written submissions and listed the case for hearing on November 23.

The two voters are asking the court to declare as null and void a large section of the elections law.

Lawyer Evans Ondieki told Lady Justice Ngugi that the electoral rules were discriminatory as they blocked fund-raisers for the sick, churches and funerals, while allowing the same for those seeking public offices.

The two want the court to declare null, void and discriminatory sections 22, 24, 25, 26 and 106 of the Elections Act 2011, which stipulates that those wishing to be president, Member of Parliament, senator or governor be degree holders.

The case, filed under a certificate of urgency, states that the election rules contravene Section 38 of the Constitution, which says nobody should be subjected to unreasonable treatment.

“Section 22(1) of the Elections Act 2011 is unconstitutional as it cannot take away a basic constitutional right,” Mr Ondieki said.

He said that even though the country wanted to be led by academically qualified people, millions of Kenyans could not go to university due to “social, economic and political injustices.”

Mr Ondieki cited Fafi constituency which, he said, had produced only 17 graduates in 40 years.

On the other hand, Gatundu, a stone’s throw from the major universities had churned out 403 university graduates.