Kieni Member of Parliament Kanini Kega has lost bid to stop CORD leaders from collecting one million signatures to initiate referendum.
Justice George Odunga, held in his ruling that the MP has not demonstrated how the collection of the signature will affect its rights under the constitution
The judge said that whereas the promoters of the referendum may initiate the process the court will its finding when the petition is fully argued and determination is delivered.
He said that the petitioner has established a constitutional case in which the court will consider upon hearing all parties and give a determine.
Justice Odunga said that the petition should be heard within one week and the same be disposed off.
The legislator content that the move by the promoters is unconstitutional as it violates Article 257 of the constitution.
The applicant’s Kieni Member of Parliament Kanini Kega had Judge Odunga that the promoters have not come up with a draft bill as required by the constitution in order to initiate the collection of signatures.
He said 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 its 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 has further urged the court to stop the Independent Electoral and Boundaries Commission from receiving the draft Bill and signatures from the CORD leaders.
He has sued CORD, OKOA Kenya ODM, and Attorney general, the constitution Implementation Commission and Independent Electoral and Boundaries Commission.
Kenya National Union of Nurses General secretary Seth Nyanyako(centre)Agnes Munderu(left) and (right)NEC committee member Stephen K.Rutere leaving Industrial court in Nairobi.
Lawyer Cliff Ombeta with his client Titus Ngamau Musila Alias Katitu who is charged with murder of two brothers at Milimani Law Court basement police cells after the hearing of his application to be released on bill.