Sep 25, 2022

Mawazo Writing Africa

Writing about the main

Court suspends IEBC’s rule on gender principle

The Supreme Court has stayed a decision by the Electoral Commission to oblige political parties to respect the two-thirds gender principle when nominating candidates for August’s general election.

Judge Anthony Ndung’u issued the injunction yesterday at the request of a Nairobi-based lawyer, Mr. Adrian Kamotho, who is challenging the legality of the Commission’s decision.

“I am satisfied that Mr. Kamotho has presented a justifiable case and a stay would be effective under the circumstances,” said Judge Ndung’u.

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He added that the lawyer has proven he has strong arguments against the April 27 threat by the Independent Elections and Boundaries Commission (IEBC). 2022 has blacklisted candidates from political parties who do not abide by the gender rule.

Mr Kamotho challenged the electoral commission’s decision to impose municipal punishment on all candidates in a lawsuit filed yesterday .

He argues that the policy issued by the IEBC is oppressive and pointless and their efforts to enforce the gender parity rule are likely to be in vain.

“The notice issued by the IEBC is discriminatory and prejudicial as it unfairly targets political parties while excluding the independent candidates who have an equal chance of winning elected office,” says the A nwalt.


According to the notice, the deadline for submitting a nomination list that conforms t the gender rule is tomorrow (April 12). May 2022).

Mr. Kamotho explains that the policy came as political parties made lists of nominees based on the primary elections held.

The IEBC’s policy was based on a court ruling of 20 April 2017, which asked the Commission to develop an administrative mechanism to ensure that the two-thirds gender principle among political parties in nominations for general elections is implemented.

< p>In Article 81 of the Kenyan Constitution states that the electoral system will conform to the principle that no more than two-thirds of the members of electable public bodies shall be of the same sex.

However, Mr Kamotho says that the IEBC will never developed management mechanisms and did not bring said requirement to political parties when approving the nomination rules for the 2022 elections.

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“It goes without saying that the Office of the Political Party Registrar, as well as the political parties, were never parties to the court proceedings. Therefore, the IEBC was obliged to bring the court’s decision to the attention of the political parties, including those registered after the said judgment was pronounced,” says Mr. Kamotho.

The lawyer wants the court the decision cancels notice. He says the policy is draconian and unreasonable.

Approved by the Electoral Commission

He argues that the notice issued by the IEBC is inherently inconsistent with the March 20 election calendar published in the Official Gazette January 2022 is compatible, as political parties have already completed election proposals in a legally compliant manner and in accordance with the electoral and electoral regulations approved by the Electoral Commission.

He also accuses the IEBC of not engaging in public participation before the election proposal was issued to have the directive, which is a mandatory requirement under Articles 10 and 88(5) of the Constitution.

“Section 13 of the Elections Act 2011 provides that a political party must nominate its candidates for at least one election 90 days before a general election in accordance with its constitution and nomination rules. By ordering political parties to nominate candidates outside of the legal deadlines, the IEBC is pushing political parties down the path of illegality,” he adds.

In his view, if not judicially redressed, the decision is the IEBC controversially tries to ban leading political parties from participating in the August 2022 general election could trigger a “huge political crisis” in the country.

Among the political parties cited by the IEBC as non-compliant , include the Orange Democratic Movement (ODM), United Democratic Alliance (UDA), Amani National Congress (ANC), Wiper Democratic Movement, Narc and Narc-Kenya.