Blow to Independent candidates after the High Court dismissed an application allowing them form a coalition ahead of the upcoming General Election.
Justice Anthony Mrima also dismissed their application to stop the Independent Electoral and Boundaries Commission (IEBC) from requiring them to submit photocopy IDs of their supporters.
Justice Mrima ruled that there will be a constitutional crisis if orders sought are granted, adding that the petitioners will not suffer any prejudice.
“It’s the duty of the court to avoid a constitutional crisis, in this matter public interest tilts in favour of the respondents,” the court noted.
The court noted that the electoral process will be held in limbo and IEBC will not be able to carry out a free and fair election.
However, judge Mrima said even though the case raises substantial questions of law, the court will not suspend the legislation.
In the case, a group of independent candidates – Free Kenya initiative – petitioned the High Court to allow them to form a coalition ahead of the August 9 General Election.
The candidates wanted the court to declare sections of the General Elections Regulations that bar independent candidates from forming coalitions as unconstitutional.
IEBC had argued that the candidates had not explained to the court how they will suffer prejudice if the orders are granted.