Lawsuit on mediation hits a snag
An attempt to stop the adoption of resolutions of Annan-led mediation talks has hit a snag. The High Court declined to issue temporary orders to that effect, pending the hearing and determination of a suit challenging the mediation talks. Justice Joseph Nyamu said Section Three of the Constitution gives the mediation team the right to assemble and express themselves. He also declined to allow the applicant, Mr Anthony Kirori, orders to inform the respondents about the suit through the media. However, he certified the case as urgent, ordered Kirori to serve the suit papers in the next seven days and fixed a hearing date for March 3. The judge also ordered that the case be heard when all parties are present.
Kirori, who vied for the Lang’ata parliamentary seat and lost to ODM leader, Mr Raila Odinga, claims the talks are in a boardroom and he has been left out. He is of the view that any resolution would alter the country’s governance structure. “The mediation talks might affect the governance structure in a way that would deprive the applicant an opportunity to be governed according to the Constitution. The talks are in a boardroom and he has been left out,” his lawyer, Mr Harrison Kinyanjui, argued. Kirori has accused the mediation team of engaging in an extra-legal and unconstitutional boardroom exercise to discuss and determine an electoral dispute between ODM and President Kibaki. He has sued Raila, ODM Pentagon members, Mr Musalia Mudavadi, and Mr William Ruto, Aldai MP, Dr Sally Kosgei, Ugenya MP, Mr James Orengo, and Mr Caroli Omondi.
Others are Justice and Constitutional Affairs minister, Ms Martha Karua, Mbooni MP, Mr Mutula Kilonzo, Foreign Affairs minister, Mr Moses Wetangula, Education minister, Prof Sam Ongeri, Mr Gichira Kibaara, Police Commissioner, Maj-Gen Hussein Ali, and Attorney General, Mr Amos Wako. He argues that only the High Court can adjudicate and issue orders on the disputed poll. According to him, the “political settlement” is being hurried and the High Court should intervene expeditiously. Such a settlement, he says, purports to fundamentally alter structure of governance as established in the Constitution. Kirori also claims he is being discriminated against. “The petitioner was in equal measure a contestant for Lang’ata parliamentary seat and in the same fashion, he ought to be permitted to share power with the 11th respondent (Raila).”
East African Standard
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