NAIROBI, Kenya – The High Court has upheld the constitutionality of Section 36(8) of the Elections Act, affirming the Commission’s handling of the 2022 County Assembly nominations.
Justice Lawrence Mugambi delivered the judgment, dismissing a petition that challenged the legality of the provision.
The petition, filed by the Kenya Human Rights Commission (KHRC), the United Disabled Persons of Kenya (UDPK), and the Action Network for the Disabled, alleged that the IEBC failed to comply with constitutional requirements for inclusive representation, particularly for marginalized groups.
The petitioners contended that the gazetted nomination lists did not adequately represent women, youth, and persons with disabilities, as mandated by the Constitution.
They highlighted specific counties, including Nyamira, Bungoma, Kilifi, and others, where they claimed these groups were underrepresented or excluded entirely.
The petitioners also argued that the lists included youth representatives over the age of 35, violating constitutional age limits, and that some nominees were not residents or registered voters of the counties they were to represent.
Additionally, they alleged that certain individuals not on the original party lists were added to the gazetted lists, and the order of priority set by political parties was not adhered to.
Justice Mugambi, however, found no merit in these claims.
“The court finds no merit in the petitioners’ claims that Section 36(8) is unconstitutional. The provision was enacted in compliance with the Constitution, and the IEBC acted within its mandate by publishing the nomination lists,” he stated.
The court’s ruling reinforced that the IEBC’s role in the nomination process was in full compliance with the law, ensuring that the lists published on September 9, 2022, adhered to constitutional principles.
“The section does not infringe upon constitutional principles, particularly regarding the representation of marginalized communities in the County Assemblies,” Justice Mugambi added.
The IEBC defended its actions, asserting that its authority in overseeing party nominations is limited to ensuring legal compliance.
The court’s decision solidifies the Commission’s stance, affirming that it had fulfilled its constitutional and legal responsibilities in the nomination process.
Justice Lawrence Mugambi delivered the judgment, dismissing a petition that challenged the legality of the provision.
The petition, filed by the Kenya Human Rights Commission (KHRC), the United Disabled Persons of Kenya (UDPK), and the Action Network for the Disabled, alleged that the IEBC failed to comply with constitutional requirements for inclusive representation, particularly for marginalized groups.
The petitioners contended that the gazetted nomination lists did not adequately represent women, youth, and persons with disabilities, as mandated by the Constitution.
They highlighted specific counties, including Nyamira, Bungoma, Kilifi, and others, where they claimed these groups were underrepresented or excluded entirely.
The petitioners also argued that the lists included youth representatives over the age of 35, violating constitutional age limits, and that some nominees were not residents or registered voters of the counties they were to represent.
Additionally, they alleged that certain individuals not on the original party lists were added to the gazetted lists, and the order of priority set by political parties was not adhered to.
Justice Mugambi, however, found no merit in these claims.
“The court finds no merit in the petitioners’ claims that Section 36(8) is unconstitutional. The provision was enacted in compliance with the Constitution, and the IEBC acted within its mandate by publishing the nomination lists,” he stated.
The court’s ruling reinforced that the IEBC’s role in the nomination process was in full compliance with the law, ensuring that the lists published on September 9, 2022, adhered to constitutional principles.
“The section does not infringe upon constitutional principles, particularly regarding the representation of marginalized communities in the County Assemblies,” Justice Mugambi added.
The IEBC defended its actions, asserting that its authority in overseeing party nominations is limited to ensuring legal compliance.
The court’s decision solidifies the Commission’s stance, affirming that it had fulfilled its constitutional and legal responsibilities in the nomination process.
