Nairobi — Three judges will next Thursday deliver judgement in a case in which Reverend Timothy Njoya and six others are challenging the constitutionality of the Bomas III talks.

The judges will give their ruling on March 25 one week after the Bomas conference adjourns. The Bomas III talks will end on March 19.

Njoya and company want the Bomas conference stopped for six months pending compliance of the review process with the constitution and rectification of defects in the Constitution of Kenya Review Act (Cap 3A).

Yesterday, their lawyer Mr Kibe Mungai conceded before Justices Aaron Ringera, Benjamin Kubo and Mary Kasanga that the six months injunction will have undeniable political ramifications to the country.

However, he urged the three judges not to allow a constitution that has not been made democratically to come into being.

He submitted that the new constitution will not be coming to replace a vacuum.

"The existing constitution is not about to lapse, it does not have a date in which it will cease to be a Constitution of Kenya," he submitted.

He further submitted that the Bomas conference infringes on his clients' rights not to be discriminated against.

"Under the constitution, this court does not have power to sanction a discriminatory law," he submitted.

He says that the constitution prohibits discrimination amongst others on basis of tribe and race.

The Law Society of Kenya, which is a friend of the court in the matter, said the organisation is keen and anxious that the review process continues and brings a new constitution.

The prayer for injunction, their lawyer Haroun Ndubi submitted, is in vain.

"There could be anarchy because it may be perceived that the court would be seeking to scuttle the review process because it will not be possible that those orders would be obeyed within six months," he argued.