Supreme court reserves ruling on barring of Dora & two others

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The Supreme Court has reserved ruling on the execution of a stay filed by state filed in the High Court to block Dora Siliya and two others from participating in by-elections.

The ruling which has been reserved for a date yet to be announced, will establish whether to lift or not the stay which the State filed in the High Court to block the three candidates from participating in by-elections that were scheduled for 5th September this year.

During the inter-party hearing on the Execution of the Stay this morning which was held in chambers, the state was being led by Solicitor General Musa Mwenye while the lawyers for the respondents were led by Joseph Jalasi.

The respondents through their lawyers argued that if the matter of barring them from participating in the by-elections is further prolonged, there would be a constitution crisis as the constitution provides for ninety days in which to hold by-elections.

The State however argued that the ninety days period provided for in the constitution does not apply in this case as the by-elections were necessitated by nullification.

The lawyers for the three former members of parliament further argued that the appeal by the State is before the Supreme Court incompetently as the Attorney General has no locust standing in the case when the ECZ itself which is the custodian of elections has not appealed.

The State however, contended that the Attorney General is the custodian of public interest and therefore he is entitled to appeal even when the ECZ does not appeal against the High Court ruling.

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