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Case against referendum signature collection set for Monday

28 August 2014, 14:28 Victor Tinto

Nairobi - The case in which Kieni MP Kanini Kega is seeking orders stopping the collection of signatures for the Okoa Kenya team will be heard next week.

Kega is seeking orders stating the process is illegal and should be immediately stopped.

Justice Isaac Lenaola, who is in-charge of the matter at the High Court certified the case as urgent Thursday and ordered it be heard Monday 1 September 2014.

Kega claims that contrary to article 257 of the Constitution, the Okoa Kenya team had started collecting signatures despite having not formulated their general suggestions into a draft Bill as required by the Constitution.

Further, under Article 257(4) of the Constitution, the existence of a draft Bill is a condition precedent for soliciting and procurement of at least one million registered voters to support a popular initiative to amend the supreme law.

The Kieni MP also said that he had seen a document by the Okoa Kenya known as the Referendum Petition, which is the basis on which the movement, ODM, Wiper and Ford Kenya are soliciting and procuring for signatures.

The document, he said, did not detail the provisions of the Constitution that Okoa Kenya sought to amend, repeal or add.

The MP said that the petition was too vague and general to facilitate meaningful public participation and informed choices required under Articles 10, 35 and 38 of the Constitution.

The case will be heard as a matter of urgency Thursday.

Leader of the Okoa Kenya legal team Paul Mwangi did not comment on the claims, instead saying that he will defend the team in court once the process is underway.

He did insist that the basis for the collection of signatures though is okay.

" We are okay. We have gone through every possible scenario. All will be well, he said.

The signature collection process kicked off over the weekend in Nairobi, the Coast as well as parts of Western Kenya.

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