The High Court of Kenya has declared notices issued by IEBC on April 27, 2022 requiring political parties to comply with the two-third gender rule in their nominations as unconstitutional.
In a judgement delivered by Justice Antony Mrima, the court ruled that the decision by IEBC to coarse political parties to comply with the two-third gender rule is in contravention of the law as it lacked public participation before it was gazetted.
“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-third gender rule principle in the submission of political parties nominations list contravenes the constitution for want of public participation,” Justice Mrima ruled.
He also 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 further issued a declaration revoking 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 decision came after Lawyer Cliff Ombeta and Adrian Kamotho moved the court to challenge the decision by IEBC to block political parties from participating in the August 9 general elections for failing to observe the two-third gender rule.
The petitioners argued that the directive on the two-third gender rule seeks to bring confusion in the electoral process ahead of the August 9 General Elections.
“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,” stated the petitioners.
