The High Court has dismissed an application seeking to quash the Political Parties Amendment Act of 2021, saying it is constitutional.
A three-judge bench comprising justices Daniel Ogembo, Hedwig Ong'udi, and Esther Maina dismissed the petition and ruled that the amendment was constitutional and lawful.
"There is no law in Kenya that bars amendment to be made at a certain period of time. The amendments were made six months before the election in line with the Kriegler law and that the interest of an individual cannot override public interest," the judges ruled.
The petitioners; Katiba Institute and Salesio Mutuma Thuranira had argued that the amendment was inconsistent with the constitution to the extent that it violates Articles 10, 38, 91, and 260 of the constitution.
The petitioners had also submitted that the formation of a coalition party had created confusion, violated members' rights, and affected the meaning of a political party.
Thuranira, a Nairobi resident, had asked the court to stop the operationalization of the said Act arguing that the bill passed by parliament threatened the political rights of Kenyans and the independence of the electoral commission, IEBC.
He also asked the court to issue orders barring the electoral body and the Registrar of Political Parties from implementing and or acting on the Political Parties (Amendment) Act, 2021.
Through lawyer Elias Mutuma, the petitioner argued that the Bill was passed in the National Assembly without being subjected to public participation.
