Three-judge bench to hear voting zone cases

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Chief Justice Willy Mutunga. Photo/FILE 

By PAUL JUMA pjuma@ke.nationmedia.com
Posted  Monday, March 19  2012 at  22:30

IN SUMMARY

• Petitioners are questioning the constitutionality of the Ligale report on boundaries

Three constitutional petitions challenging the Ligale Report on constituency boundaries were on Monday consolidated and forwarded to Chief Justice Willy Mutunga.

Dr Mutunga will appoint a bench of three judges to hear and determine the constitutional issues raised, the High Court said on Monday.

The petitioners include presidential aspirant Peter Kenneth and nine MPs.

They are questioning the constitutionality of the Interim Independent Boundaries Review Commission (IIBRC) report, whose chairman was Mr Andrew Ligale.

They are also questioning some of the laws that guided the review of wards and constituencies.

Judge Isaac Lenaola yesterday agreed that the petitioners raised serious questions of law that required consideration of a bench of judges.

He directed that the petition be forwarded to Dr Mutunga to appoint a three-judge bench.

He made the ruling after the petitioners sieved the issues in their separate petitions and settled on 20 constitutional questions.

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The petitioners want the court to determine whether the IIBRC had the mandate to carry out the first review of wards and constituencies.

The court will also have to determine whether the commission’s report constitutes a first review of wards and constituencies within the meaning of the Constitution. The petitioners have also sought to know whether the court can nullify the report, which was published on March 7.

They have asked the court to determine whether some parts of the Independent Electoral and Boundaries Commission Act are null and void for being inconsistent with sections of the Constitution.

They want to know whether the final report of the Independent Electoral and Boundaries Commission is a decision as envisaged under Article 89 of the Constitution.

They are questioning the constitutionality of the population quotas used by IEBC and IIBRC in preparing their reports.