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Jubilee MPs to Amend Law Next Week to 'Cage' the Supreme Court

John Wanjohi Sep 23, 2017

A fresh showdown between Jubilee and NASA MPs is expected next week in Parliament as the ruling party prepares to introduce radical electoral amendments to curtail the powers of the judiciary and "cage" the Supreme Court.

President Uhuru's party saud it will amend the law to make it almost impossible for the apex court to overturn a presidential election.

Sources within the ruling party saud that the amendments would be introduced to Parliament on Tuesday next week and swiftly enacted by the JP majority.

On Wednesday, the Supreme Court said it would not delay to invalidate the outcome of the rerun if it similarly violated the Constitution and other laws, like the August 8th poll.

Senate Majority Leader Kipchumba Murkomen said when the amendments go through, "The Supreme Court will be caged."

Among the radical and far-reaching amendments that President Uhuru's side has lined up, is a proposal making it almost impossible to overturn a disputed presidential election.

Jubilee wants to raise the bar of invalidating an election by making sure that the petitioner, must beyond any doubts, prove to the Supreme Court that violations of the Constitution or any electoral law significantly alter the presidential outcome, as declared by the IEBC.

In her dissenting ruling, Justice Njoki Ndung'u asked Parliament to clarify an clause of the elections act.

"Parliament must therefore untie the hands of Courts below by clarifying the meaning of Section 83 of the Elections Act. That is the only way that we can avert a crisis of jurisprudence in such a sensitive area of law, as elections", Njoki wrote.

Murkomen told Citizen TV on Thursday, "Once we do that [pass amendments], the Supreme Court has no choice. They cannot go pluck imaginations of their own. They would have to follow the law."

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