Usawa Kwa Wote party leader Mwangi Wa Iria has petitioned the High Court to overturn legislative timelines issued by the Electoral Commission and the Registrar of Political Parties (RPP), which prohibits aspirants from joining other parties after primaries.
Wa Iria also challenged the legality of Section 28 A of the Elections Act, which outlaws party hopping after the primaries, under a Certificate of Urgency.
The petitioner avers that Section 28 A of the Elections Act, 2011 is unconstitutional, unfair and incompetent for application, because it is discriminatory
“That the court be pleased to declare that Section 28(1) and 28 A of the Election Act, 2011, are unconstitutional,” the party says.
The party also claims that the status of an independent candidate is equal in terms of profile, legal rights and available opportunities to be elected to elective positions in all RPP elections to candidates nominated to participate in elections by political parties.
Wa Iria contends that all people should have equal time and opportunity to vote in the General Election, whether as candidates nominated by a registered political party or as independents.
He further notes the new law gives the RPP repressive authority, which is ambiguous and will cause confusion in the electoral system.
Wa Iria contends that all people should have equal time and opportunity to vote in the General Election, whether as candidates nominated by a registered political party or as independents.
He goes on to say that under the law, members of political parties have been disenfranchised and their rights have been swept away. This is due to the fact that if a party chooses to form a coalition with other parties, members have no right to object or consent.