More parties added in fee increase case

Three more parties have joined as interveners in a Supreme Court reference that was filed in court by the Ombudsman Commission over the proposed increase in nomination and election petition fees.

The Speaker of Parliament, Constitutional Law and Reform Committee, and the Electoral Commission were allowed to be joined as parties today.

Leave was granted by Justice Collin Makail. They join Prime Minister Peter O’Neill who is the first intervener.

Lawyer representing the Speaker was supposed to inform the court today what happens to proposed Bills when Parliament adjourned to go into election.

This did not take place and the Speaker’s lawyer sought an adjournment to next week so he can get proper instructions to inform the court.

The parties will return to court next Wednesday.

This is the reference which the OC filed on February 1, seeking interpretation on whether the proposed increase of nomination fees, from K1,000 to K10,000, and the security of costs of an election petition, from K5,000 to K20,000, are constitutional.

The Ombudsman Commission is seeking the opinion of the Supreme Court on the constitutional validity laws in the forms of bills to amend section 103(2) of the Constitution and section 87 and 209 of the Organic Law on National and Local Level Government Elections. 

The proposed Bill went through two of three required readings in parliament before the 9th Parliament term rose on Tuesday April 4 to go for election.

On Aug 19, 2016, the proposals to amend the fees were mentioned in parliament with the gazette notice released on Dec 1, 2016.

On January 26 this year, the first reading of the amendments took place. The second reading and first vote occurred on Feb 1.

 The third and final reading and vote will not take place now after Parliament rose on April 4 and adjourned to go into elections.

 The issue of writs will be on April 20.

Author: 
Sally Pokiton