BY SAM ALFAN.
City lawyer Omwanza Ombati has challenged in court rules gazetted by Chief Justice Martha Koome gagging lawyers and litigants from commenting on a presidential election petition until the matter is concluded.
Ombati wants the high court to quash the rules published in the Kenya Gazette saying they were unjustifiably published to limit freedom of expression.
In the rules, CJ Koome barred Kenyans from expressing their opinion or predicting the outcome of the petition in any manner that would prejudice or impede the proceedings, until the judgement is delivered.
Mr Ombati says the rules purports to limit rights, to the detriment of litigants, their counsel and even advocates of agents.
“Prior to or during or after the issuance of the impugned Rules, no justification was made for limiting the freedom of expression in the manner spelt out by the impugned Rules,” he said in a sworn statement.
The lawyer says the rules have far-reaching implications on the forthcoming presidential elections, yet the CJ did not conduct public participation before she published the notice.
“A declaration be; and is hereby issued, that, the Supreme Court (Presidential Election Petition) (Amendment) Rules, 2022- LN No. 79 unjustifiably limit/violate or threaten with violation, the following human rights and fundamental freedoms: Freedom of expression, conscience, opinion & belief, Right to privacy, Freedom of the media and the freedom from discrimination,” Ombati said.
The Rules were issued or imposed pursuant to Article 163 (8) of the Constitution and Section 31 of the Supreme Court Act, 2011.
The Law Society of Kenya has also protested against the rules arguing that they are irregular, unconstitutional and unreasonable.
