High Court has declared notices issued by IEBC last month requiring political parties to comply with the two-thirds gender principle are unconstitutional.
In a judgement delivered by Justice Antony Mrima, the court ruled that the decision by IEBC to compel parties to comply with the two-third gender rule is illegal for lack of public participation.
"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 list contravenes the constitution for want of public participation," Justice Mrima ordered.
He noted that the letter by IEBC further violates Articles 27,38 and 91 of the constitution as it amounts to a direct derogation of political parties.
Mrima has also issued a declaration of the decision by the electoral commission contained in a letter dated May 5, 2022, to United Democratic Alliance party requiring the party to revise its nomination list within 48 hours.
The judge has however said that compliance with the gender principle will be applied in the next election cycle.
The decision came after Cliff Ombeta and lawyer Adrian Kamotho had challenged the decision of IEBC to lock out political parties from participating in the August 9 general elections for failing to observe the two-thirds gender rule.
The petitioners had argued that the directive on the two-thirds gender rule seeks to bring confusion in the electoral process ahead of the August 9 polls.
"The decision seeks to cause confusion within the Kenyan electoral system, creating a scenario where the general elections may not be held freely and fairly thereby being unlawful and unconstitutional," the petitioners stated.
Ombeta also argued that the decision is in every way meant to disenfranchise all lawfully and legally nominated candidates under the various party tickets and other voters considering the respondent’s directions and stringent measures therein owing to the fact that the nomination period is due past time.
