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Supreme Court to rule on case against EC today

Supreme Court

Fri, 19 Oct 2012 Source: radioxyzonline

The Supreme Court will today, Friday, October 19, hear the case against the Electoral Commission in the creation of the 45 new constituencies.

The landmark case which was brought against the EC by businessman Ransford France, is challenging the authority of the Electoral Commission to create 45 constituencies.

The Supreme Court, Monday, sat on the case and postponed it to October 19.

The plaintiff and his lawyers are praying the Supreme Court to declare the Constitutional Instrument (CI) 78 as unconstitutional and therefore null and void.

On Wednesday, the Supreme Court declared some 38 MMDAs created in 2004 as null and void because they were not done through the laid down regulations. It however gave the EC the go ahead to still conduct elections in electoral areas that fall within those areas.

Pandits say if the Supreme Court rules against CI78, then a number of constituencies created in 2004 will also be affected.

The Supreme Court earlier dismissed a writ for an interlocutory injunction filed by lawyers of the plaintiff seeking to prevent parliament from passing the CI 78 that was intended to give legal backing to the creation of the 45 new constituencies.

Parliament then went on to debate the report from the Committee on Subsidiary Legislation and voted to annul the report presented by the committee.

The Supreme Court’s decision is expected to end the controversy that has engulfed the creation of the constituencies.

Source: radioxyzonline