AG wants suit by defunct ECK commissioners thrown out

The Attorney General (AG) wants a suit filed by the defunct Electoral Commission of Kenya (ECK) commissioners thrown out.

The AG told a three-judge bench that the constitutional court did not have jurisdiction to hear the application by the commissioners and had also been overtaken by events following the promulgation of a new law.

The hearing of the suit, which was filed by the commissioner over five years ago challenging their removal from office, had failed to start since they argue that the constitutional amendment by Parliament in 2008 that paved way for their removal from office was unconstitutional.

High Court judges Weldon Korir, George Odunga and Mumbi Ngugi heard that the suit filed by the commissioners should be referred to the Industrial Court in order to settle the remedies being sought.

Industrial dispute

"We have a new Constitution in place and the matter being raised by the commissioners has been overtaken by events following the enactment of the new law. This court has no jurisdiction to hear the matter as it is an industrial dispute," argued the AG.

However, lawyer Kibe Mungai for the electoral body bosses objected to the argument by the AG and submitted that the petition raised serious constitutional issues. He urged the court to throw out the objection to the suit lodged by the AG.

Mungai argued that the suit had taken over five years to be heard and appealed to the judges to hear the petition expeditiously as the decision by Parliament to send home the commissioners had greatly affected them.

The judges, however, allowed the AG to file the grounds for objecting to the suit filed by the commissioners.

In the application, the electoral officials want the court to declare that their removal from office following the constitutional amendment by Parliament was unlawful as they enjoyed security of tenure.

They further submit that Parliament acted in contempt of court in passing the amendment and thus the court should declare the new legislation as null and void.

Pay demand

The former electoral body members want the Government to pay them all their salaries and allowances for the remainder period of their respective terms.

The hearing of the case commences in February 5, next year.