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Judge Declare CJ Koome’s New Rule On Discussing Presidential Petition In Public Unlawful

SK 2 years ago 2 min read

The Supreme Court’s order to bar attorneys, petitioners, and respondents in a presidential election petition from publicly discussing the matter has been declared unlawful by the High Court.

On Wednesday, Justice Mugure Thande stated that there was no public input into the Supreme Court’s Presidential Election Petition Amendment Rules 2022.

The Chief Justice Martha Koome’s plea for a stay of the judgment’s execution while an appeal is being filed has likewise been denied.

To silence lawyers and litigants participating in any presidential election petitions, CJ Koome had introduced the guidelines.

Months before the general election, the modifications were published in the Kenya Gazette.

“Upon commencement of the hearing of the petition by the court, litigants, their advocates and advocates’ agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede court proceedings, until judgment is delivered,” the amended rules stated.

Many lawyers expressed displeasure with the new rules, with the Law Society of Kenya describing them as “drastic, unjustifiable and ambiguous”.

“We are writing a letter to CJ asking her to recall the amendment with immediate effect to allow for public participation. She should have presented the rules to LSK and other stakeholders to look at them and make comments before they were gazetted,” said LSK president Eric Theuri.

The new regulations, according to supporters, went against the Constitution’s guarantee of the right to free expression.

They argued that arguments or statements made by attorneys cannot influence a court’s decision.

“The amendment, though intended to protect the integrity of the proceedings before the Supreme Court, is something that cannot be supported in a democratic society that cherishes the constitutional rights and freedom of expression,” Theuri said.

The regulation appears to have originated from the BBI case hearing, where CJ Martha Koome censured prominent attorneys for their public remarks on the issue.