From: barnhart@ddsw1.MCS.COM (Mr. Aaron Barnhart)
Subject: IPS:KENYA: HIGH COURT ORDERS GOVERNMENT TO EXTEND NOMINATION PERIOD
Date: Thu, 19 Nov 1992 23:17:45 GMT
Organization: Evanston, Illinois, U.S.A.

Copyright Inter Press Service 1992, all rights reserved.  Permission to re-
print within 7 days of original date only with permission from 'newsdesk'.

Title: KENYA: HIGH COURT ORDERS GOVERNMENT TO EXTEND NOMINATION PERIOD


nairobi, nov 12 (ips) -- the kenyan high court thursday ordered
the government of president daniel arap moi to extend the period
for nomination of candidates for the country's first multiparty
elections to be held next month.

the court ruling followed a petition by one of the opposition
parties, forum for restoration of democracy-kenya (ford-kenya),
against a gazetted notice that required all political parties to
complete nomination of their parliamentary candidates within a
week.

allowing the submission by ford-kenya's legal counsel,
phiroze nowrojee, that the government notice of oct. 23 was
illegal, justice thomas mbaluto declared ''the nomination
exercise imposed on parties within a week null and void''.

according to kenya's elections law, all political parties
should be given ''not less than 21 days'' to nominate their
candidates for general elections.

however, attorney-general amos wako unilaterally amended the
elections act, substituting the key phrase with ''not more than
21 days''.

the amendment completely changed the meaning of the law and
gave the electoral commission powers to call nomination for both
civic and parliamentary seats within 21 days.

''the electoral commission can, therefore, call nominations
in less than a day according to the amendment'', said nowrojee.

ford-kenya's counsel criticised the attorney-general for
making ''illegal and invalid amendments to the law and usurping
the powers of parliament''.

before the high court ruling, nominations were due to close
nov. 13 -- 10 days after the election date was announced.

''the high court has heard the cries of millions of kenyans
and has restrained the electoral commission from acting further
in pursuance of a law illegally and mischievously sneaked into
the country's statute books by attorney general amos wako'',
remarked ford-kenya leader oginga odinga.

following the court decision, odinga, a former kenyan vice
president, said the electoral commission is now obliged to
follow the law and allow for a minimum period of 21 days for
registered parties to nominate their parliamentary and civic
election candidates. (more/ips)


kenya: high (2)

''we call on the commission to act swiftly and announce new
dates that comply with the law. ford-kenya wishes to salute the
courage of justice mbaluto who resisted obvious attempts to
influence his ruling'', he added.

oginga called for a round-table conference of leaders of all
political parties in kenya to discuss an electoral code of
conduct in order to avoid inconsistency during elections.

''we have stated previously that we will abide by the outcome
of a free and fair election. we wish to restate that commitment
and to affirm that ford-kenya is a party of non-violence and a
party that respects the rule of law.

meanwhile,  democratic party (dp) director of elections ben
lutta said his party welcomed the high court ruling on
ford-kenya's application.

''this is a great day for kenyans because the high court is
now exhibiting its independence'', lutta, a former high court,
told ips. (end/ips/ha/ar/92)