A lawyer has challenged the gazette notice issued by Chief Justice Martha Koome gagging lawyers from commenting on Presidential election petition.
Lawyer Omwanza Ombati also wants the court declare that the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2022- LN No. 79 are unconstitutional for want of public participation.
In addition, the laywer wants the court to quash the said gazette notice and declare the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2022- LN No. 79 are a Statutory Instrument within the meaning of the Statutory Instruments Act.
“A declaration be and is hereby issued declaring that the issuance of the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2022- LN No. 79 was contrary to the provisions of the Statutory Instruments Act,” Omwanza says.
According to him, the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2022- LN No. 79 by CJ Koome unjustifiably limit/violate or threaten with violation human rights and fundamental freedoms.
These include freedom of expression, conscience, opinion & belief, Right to privacy, Freedom of the media and the freedom from discrimination.
The lawyer further seeks a declaration that the same amounted to an unfair administrative action.
According to Omwanza, on 12th April 2022 CJ Koome quoted, “parties to election petitions, their advocates and their agents are prohibited from expressing their views/opinions on presidential election petitions or predicting the outcome of the proceedings in any manner that would prejudice or impede court proceedings, until judgement is delivered; with penal consequences, by way of contempt proceedings, for violation/non-compliance with the amended rules.
