Thursday, July 29, 2010

Dispute Court to rule on Kenya referendum cases

The Dispute Resolution Court will decide on the fate of four cases challenging the referendum on the proposed Constitution on Monday.

The court will decide on whether to stop or allow the process on August 2, just two days before Kenyans vote to approve or reject the document.

Activist Okoiti Omtatah and four others have filed a case seeking to stop the plebiscite on the grounds that the Interim Independent Electoral Commission (IIEC), the Attorney-General and the Committee of Experts are engaged in partisan civic education.

They say the AG and the experts campaigns has prejudiced their rights to a free and fair referendum.

The case also seeks to compel the IIEC to register Kenyans living abroad as voters.

They say Kenyans will suffer irreparable damage should the referendum proceed.

In another case, two voters have gone to court seeking to challenge the law on the referendum.

Although the case does not challenge the conduct of or outcome of the referendum, it might be a stumbling block to the new law.

Mr Kamau Daniel Chege and Mr Cosmus Kipkemoi Ng'eno argue that section 37(3) of the Constitution of Kenya Review Act 2008 infringes on their right of expression.

They said the mode of voting, in which one has to say "Yes" or "No" is constraining as one might agree with some provisions of the proposed law and disagree with others.

The two said being required to agree or disagree with the entire document left them with limited options.

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