Court reject IEBC’s gender demand
The High Court yesterday ruled out that the Independent Electoral and Boundaries Commission (IEBC) action mandating political parties to adhere to the two-thirds gender criterion was unconstitutional.
The requirement imposed by the Commission was declared unconstitutional by Justice Antony Mrima due to a lack of public engagement.
“A declaration is hereby issued that the decision contained in the letter dated April 27, 2022, by the IEBC requiring the compliance with the two-thirds gender rule principle in the submission of political parties nominations’ lists contravenes the Constitution for want of public participation,” Justice Mrima ordered.
The IEBC’s decision to prohibit political parties for noncompliance in May 2022, was therefore irrational and unfair.
Mrima added that the IEBC letter breaches Articles 27, 38, and 91 of the Constitution because it is a blatant derogation of political parties.
Cliff Ombeta and Adrian Kamotho, lawyers, have appealed the IEBC’s decision to bar political parties from participating in the August 9 General Election for failing to comply with the two-thirds gender requirement.
The petitioners claimed that the directive on the regulation was intended to cause uncertainty in the electoral process.
“The decision seeks to cause confusion within the Kenyan electoral system, creating a scenario where the General Election may not be held freely and fairly thereby being unlawful and unconstitutional,” stated the petitioners.
Ombeta also alleged that the judgment was intended to disenfranchise candidates and other voters because the nomination period had expired.
