Court allows CORD to contest laws

The High Court has allowed the Coalition for Reforms and Democracy (CORD) to challenge the decision by Parliament to convene special sittings to debate the controversial changes to the election laws.

Justice Joseph Onguto noted that CORD’s case is not only of great public interest but also raises weighty constitutional issues that require determination by the court.

“The petitioner (CORD) has an arguable case that requires this court’s interpretation. I direct the petitioner to serve the respondents within seven days and appear in court for further directions,” Justice Onguto ruled.

CORD moved to court on Wednesday to challenge the decision by the National Assembly and the Senate to call for debates to discuss amendments on the election laws.

The coalition argues that the law requires that all political parties be consulted or involved in decision-making processes that relate to the proposed amendments.

VIOLATION OF LAW

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Yesterday, CORD’s lawyer James Orengo argued that speakers Justin Muturi and Ekwee Ethuro of the National Assembly and the Senate respectively can only under the law call for such sittings in the event of a state of war or impeachment of the President.

“There was blatant violation of the law in relation to the business conducted in the National Assembly and the Senate since there was no public participation in the process,” Orengo told court.

CORD has asked the court to issue orders prohibiting “any further proceedings, business, transactions, decisions including sittings, debates, approvals and parliamentary mediation on Bills and assents to Bills” concerning the General Election.

It has also accused the National Assembly of acting irrationally and oppressively by introducing proposals that were rejected in the enactment of the Election Laws (Amendment) Act and, in any case, before the expiry of six months or at the end of a session or term.