The High Court yesterday declared some sections of the controversial Election Laws that were hurriedly passed by Jubilee MPs days to the October 26 poll “unconstitutional”. Justice Chacha Mwita, in a judgement in a petition filed by the Katiba Institute, said the sections introduced in the Election Laws (Amendment) Bill 2017 in late 2017, fails constitutionality test of validity.
He also declared Sections 2, 7A ( 4 ), 5, 7 ( 6 ), of the IEBC Act 2011, and paragraphs five and seven of Second Schedule that had tried to cure the question of quorum for purposes of meetings of the commission, invalid. With regard to the Election Act, the judge said Sections 39 ( 1C) (a) 39(ID) 39 ( 1E) 39,( 1F) and 39 ( 1G) and the entire Section 83 of the Election Act 2011 were also unconstitutional.
Section 83 of the Elections Act, as was passed by MPs, had made it impossible to annul a presidential election based on minor discrepancies in results. The Section had also hindered the court from declaring an election void for non-compliance with any written law, relating to that election if, for example, it appears the election was conducted in accordance with the principles laid down in the Constitution and in that written law. It had also made it impossible for the court to annul a presidential election if the non-compliance did not substantially affect the result of the
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