The Attorney General’s Office has missed its deadline to file a defense in the ongoing case of Dr. Amanda Odoi v, the Speaker of Parliament and the Attorney General, which challenges the constitutional process behind the passage of the Human Sexual Rights and Family Values Bill.
This has caused significant delays, as the Supreme Court awaits proper filings from all parties involved.
Proponents of the bill have served notice they would hit the streets on Tuesday, October 8 to pile pressure on the Judiciary to fast track the hearing of the cases before it challenging the passage of the anti-LGBTQI+ Bill.
But the Judiciary in its defense says the failure of parties to file the needed memorandum of issues is a major obstacle.
These came up at a press conference held by the Judicial Service.
The case of Dr. Amanda Odoi v. the Speaker of Parliament and the Attorney General was filed on 11th June 2023, on the grounds that Parliament had contravened Article 108 of the 1992 Constitution during the passage of the Bill. Parliament filed its defense in the form of a Statement of Case in March 2024.
Parliament was supposed to file its defense within 14 days of notice of the action; however, it submitted its defense on 14th March 2024.
The Attorney General has yet to file a defense in the form of a statement of case. Additionally, none of the three parties has filed the issues to be decided by the court, as directed by the Supreme Court Rules, 1996, C.I. 16.
In Richard Sky’s case, which also challenges the passage of the Bill on the grounds that Parliament violated Article 108, neither Parliament nor the Attorney General has filed a defense yet.
Both parties have failed to meet the requirements to submit their Statement of Case and Memorandum of Issues, causing further delays.
This case remains in limbo until these processes are completed.
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