Counsel for the respondent applied to adopt his conferencing notes as
his submissions and court granted the application. Counsel for the
petitioner applied to file written submissions after the hearing and was
granted leave to do so. He filed written submissions on 6th January
5
2021. The petition was therefore disposed of on the basis of written
submissions.
Issues
In his
submissions, the
1st petitioner raised two issue for the
determination of this court as follows:
10
1. Whether the actions of blocking and shutting down social media
platforms and mobile money transfer services during the general
elections of February 2016 by the respondent was a violation of
Articles 29 (1) (a), 22 (1) and 45 of the Constitution.
15
2. Whether the petitioners are entitled to the remedies that they
sought.
Submissions of the Petitioner
In his submissions, counsel for the petitioners stated that this court
has the jurisdiction to entertain this petition because it was brought
20
under Article 137 (3) (b) of the Constitution which provides that a
person who alleges that any act or omission by any person or authority
is
inconsistent
with
or in contravention
of a
provision of the
Constitution may petition the Constitutional court for a declaration to
that effect and for redress where appropriate.
25
Further that this court has the jurisdiction to entertain the petition
since it alleges that the actions of blocking and shutting down of social
media platforms and mobile money transfer services during the General
5