High Court Judge George Odunga on Monday ruled that a special sitting constituted of only Jubilee Members of Parliament (MPs) was illegal.
He outlawed the special sitting that passed the election laws amendment bill of 2016 while stating that he would not repeal the amendment that was passed.
Justice Odunga explained that the law could not be quashed because it had already been used to conduct the 2017 General Election.
The law required the Independent Electoral and Boundaries Commission (IEBC) to use a manual backup system to conduct the elections.
"Notwithstanding the provisions of section 44, the commission shall put in place a complementary mechanism for identification and transmission of results that is simple, accurate, verifiable, secure, accountable and transparent to ensure that the commission complies with the provisions of Article 38 of the Constitution.
[caption caption="File image of National Assembly chambers"]
[/caption]
"The operation of this Act is suspended and the act shall come into force immediately after the General Election to be held in 2017," the ratified amendment read in part.
Opposition MPs had caused chaos ahead of the special sitting walked out in protest during the special sitting with fist fights, name calling, an attempt to grab the Mace and claims that some legislators had used pepper-sprays against their colleagues.
The effort, however, did not hinder the ruling party from its pursuit as President Uhuru Kenyatta and his deputy William Ruto held a crisis meeting with the parliamentarians soon after the drama erupted.
"We have had a presentation from the IEBC and the Communications Authority. Over 25 percent of Kenya and over 2,000 sub-locations do not have the requisite network for the foreseen transmission of results," Leader of the Majority Aden Duale explained to journalists.
Opposition lawyers led by Siaya Senator James Orengo moved to court to have the President barred from signing the bill into law outlining that the ruling party MPs had contravened a number of laws concerning parliament procedures.
"It is irrational and unreasonable to change the law when the electoral process has begun. The actions of the Assembly and the Senate undermine and violate the national values and principles and are dividing the country to disunity, misrule and threatening the peace, security and law and order," they had argued.
[caption caption="File image of Justice Odunga during a past hearing"]
[/caption]
