The Ombudsman Commission has filed a Supreme Court Reference to seek clarification on whether the proposed amendments to increase the election nomination fees from K1,000 to K10,000 and the Election Petition from K5,000 to K20, 000 are constitutional.
They are also asking the Supreme Court to restrain further deliberation on the proposed amendments until the Reference is heard and deliberated upon by the Supreme Court. This is after the successful first vote of the proposed amendments.
In a statement today signed by Acting Chief Ombudsman, Michael Dick, and Acting Ombudsman, Richard Pagen, the OC will be asking the Supreme Court to consider whether the proposed amendments to Section 103 of the Constitution and Section 87 and Section 209 of the Organic law on National and Local-Level Government Elections are constitutional.
They are seeking an interpretation on whether the amendments which qualify the right to stand for public office under Section 50 of the Constitution are reasonably justifiable in a democratic society having proper regard for the rights and dignity of persons.
The OC says this is not the first time they have invoked their powers under Section 19 of the Constitution on the increase of nomination fees.
In 1982 the OC challenged Parliaments decision to increase the nomination fee from K100 to K1,000 which the Supreme Court found unconstitutional.
In 1992 the proposed increase to the current nomination fee was challenged by OC but was unsuccessful.
The OC is inviting entities and persons who have an interest in the outcome of the reference to file an application to join as a party and for the court to consider their application.