Kieni Member of Parliament with his lawyer Kibe Mungai leaving Milimani Law Court after they filed an application challenging Coalition for Reform and Democracy (CORD) from collecting one million signatures be struck out.
BY SAM ALFAN.
Coalition for Reform and Democracy (CORD) leaders have notified the court that they will seek to have petition challenging them from collecting one million signatures be struck out
They through their lawyers Antony Oluoch and Haron Ndubi told the court that the petition filed by Kieni Member of Parliament lack merits and it does not show how his fundamental have been affected by the initiative to collect signature to pave way for referendum.
Vacation judge George Onduga directed that the matter be heard on September 9 the same having been certified urgent by Justice Isaac Lenaola last week
The legislator moved to court seeking orders to block CORD leaders from collecting signatures to initiate referendum process
He says in his petition that the move is unconstitutional as it violates section Article 257 of the constitution.
The applicant through his lawyer Kibe Mungai argues that the exercise is being undertaken without formulating their suggestion into a draft bill as required under Article 257 (3) of the constitution saying that it’s a pre- condition requirement to have a draft Bill that will enable them to solicit and procure at least one million signatures.
”During the transitional period for implementation of the constitution which lapses on 27 August 2015, the constitution cannot be lawfully amended” he says.
The MP will be asking the court to issue conservatory order to restrain CORD from soliciting and procure ring the signatures.
The court will be further urged to stop the Independent Electoral and Boundaries Commission from receiving the draft Bill and signatures from the CORD leaders.
The two orders will be argued inter parties during the hearing, the judge said
The MP has used CORD, OKOA Kenya ODM, and Attorney general, the constitution Implementation Commission and Independent Electoral and Boundaries Commission.