AG wants case challenging gov’t delivery portal thrown out

Attorney General, Githu Muigai, has asked the court to dismiss a case in which former Law Society of Kenya (LSK) boss sued the state over website arguing that a website touting the government’s achievements violates the Elections Offences Act.

AG argues that the petition ought to be struck out for lack of merit adding that the issues raised in the petition falls out of the jurisdiction of the Independent Electoral and Boundaries Commission (IEBC).

“The petitioner’s application and petition as filed is malicious, mischievous and brought in bad faith and should be struck out or dismissed with cost,” argues the AG.

The AG says that enjoining him in the petition is an abuse of court process.

He says that the application by Apollo Mboya as filed does not disclose any particular constitutional right of the petitioner that has been infringed by the AG and does not disclose a cause of action.

Mboya sued the Attorney General and wants the government to be barred from advertising its achievements for the past four years on the website, also referred to as a government portal, www.delivery.go.ke, which was launched by President Uhuru Kenyatta on April 10.

Mboya argues that Section 14 of the Election Act bars the government from proclaiming its achievements during the election period and using public resources to do so.