- The party said Independent Electoral and Boundaries Commission has given timelines for compliance with the legal requirements and imperatives applicable to all candidates desirous of participating in the general elections.
- According to Section 28 A of the elections Act 2011, any political party intending to present candidates in the next general elections shall conduct its primaries and resolve any intra party disputes on or before April 22.
Image: Alice Waithera
Murang’a Governor Mwangi Wa Iria has moved to court challenging the law that bars nomination losers from vying as independent candidates.
Wa Iria is also a presidential aspirant.
Through his Usawa Kwa Wote party, he argues that the law barring aspirants is unconstitutional.
The party said Independent Electoral and Boundaries Commission has given timelines for compliance with the legal requirements and imperatives applicable to all candidates desirous of participating in the general election.
One of the principal and provisions of the said Gazzette Notice is that all political parties shall submit the party membership lists to the commission on or before April, 2022, being 21 days before the date of nominations under the elections Act, 2011 and the electoral calendar now published by IEBC.
He wants the court to declare that Section 28(1) and 28A of the elections Act 2011 are unconstitutional.
According to Section 28 A of the elections Act 2011, any political party intending to present candidates in the next general election shall conduct its primaries and resolve any intra party disputes on or before April 22.
This means that any persons intending to participate in the next general election must as a mandatory legal imperative be a member of his preferred political parties on or before March 26, being the date when all parties must have submitted their membership lists to the office of the Registrar of Political Parties for certification before submissions to IEBC before April 9.
However according to court papers, Article 85(a) of the constitution provides that any persons is eligible to stand as an independent candidate if the persons has not been a member of a registered political party for at least Three months before the date of election.
August 9, being the designated date for the next general election candidates intending to participate as independent candidates should not be members of any registered political party by May 2.
“They have no chance or time to join other parties after the stated date and participate in the general election even in the event of failure in the party primaries,” reads court papers.
Usawa argues that such a person, however, has time and chance in the event of loss in the party primaries to resign from such a party and participate in the elections as an independent candidate.
“A person is lawfully allowed to quit a registered political party and participate in the elections as an independent candidate but its not allowed to join another party,” Usawa said.
It was their further argument that under the law, a person can participate in elections in Kenya either through nomination by a registered party or an independent candidate as defined and provided at Article 85 of the constitution.
“The application of these sections to the extent set out to deny persons who wish to join other political parties even after the submission of party membership lists to IEBC and RPP," court documents read.
"This limits the exercise of their political rights under Article 38 of the constitution and also freedom of association."