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High Court temporarily suspends controversial Election Amendment Laws 2017

The controversial Election Amendment Laws 2017 have been temporarily suspended by the High Court pending the determination of a case challenging their legality on March 16.

High Court Judge Chacha Mwita issued the orders on Tuesday after hearing arguments by the petitioner and the respondent.

“To avoid confusion on the laws which are in force, I exercise my authority and do suspend the election laws pending determination of the case on March 16,” said the Judge as quoted by the Star.

The case was filed by two lobby groups against the Attorney General Prof Githu Muigai and Government printer who are respondents in the case.

Katiba Institute’s activist Okiya Omtatah and David Ochieng for Africog are the petitioners.

They want the court to determine if it is right to pass a law in Parliament to which many of the legislators have expressed displeasure with.

Through their lawyer Waikwa Wanyoike, they argued that the passing of the amendments create confusion in already existing election laws which could have an effect on how election petitions are heard and determined.

Wanyoike argued it is improper for the National Assembly to have passed the amendments with the sole intention to defeat a legal action before a court of law.

NASA MPs were in opposition of the amendments. However, with almost a super majority in both Parliament and the Senate, the bill passed through without much ado.

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