High Court Judge George Odunga on Monday made yet another controversial ruling that would likely rub Jubilee legislators the wrong-way.
In his ruling, Justice Odunga termed a special parliamentary sitting that was constituted of only Jubilee MPs ,illegal.
Odunga outlawed the special sitting that passed the Electoral (Amended) Laws in 2016 ,although he indicated that he could not invalidate the amendments that were passed since they were already used to conduct the 2017 General Election.
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The law allowed the Electoral Commission (IEBC) to come up with a manual system of transmitting results and voter identification, a provision that was disputed by the Opposition on grounds that the Jubilee government was setting the stage for rigging the 2017 polls.
“Notwithstanding the provisions of section 44, the commission shall put in place a complementary mechanism for identification and transmission of results that is simple, accurate, verifiable, secure, accountable and transparent to ensure that the commission complies with the provisions of Article 38 of the Constitution.
“The operation of this Act is suspended and the act shall come into force immediately after the General Election to be held in 2017,” read the amendment in part.
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The changes were passed after Opposition lawmakers walked out of the chamber protesting against the amendments and claiming the Jubilee Government was setting the stage for ballot stuffing and introduction of dead voters in the 2017 elections.
The effort, however, did not hinder Jubilee legislators from passing the amendments.
The opposition,through lawyer James Orengo,shortly after dashed to court, seeking to prevent President Uhuru Kenyatta from signing into law any changes to the election laws.
The also 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.
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