Written By Mary Mumbua 📝
Hon. Moses Kuria, Gatundu South MP, has gone to court to challenge the electoral commission’s decision to bar civil servants from running as running mates in the upcoming elections.
The Chama Cha Kazi party leader is also upset with the Commission’s decision to limit the selection of running mates within the main candidate’s sponsoring political or coalition party.
Through lawyer Geoffrey Omenke, the MP says the requirements violate the aspirants’ freedom to nominate a running-mate of his/her choice.
He filed the petition after the IEBC denied Mr Kuria’s nomination of a civil servant as his running mate in the Kiambu governorship election.
The electoral commission’s decision in Mr Kuria’s case could have an impact on Raila Odinga, the flag bearer of the Azimio la Umoja-One Kenya coalition party.
A panel formed to find Mr Odinga a suitable running mate had named Agriculture Cabinet Secretary Peter Munya as one of those interested in becoming his deputy president. However, the IEBC’s decision removes Mr Munya from the list.
Mr Kuria claims in the court papers that IEBC’s decision is based on provisions of Section 43(5) of the Elections Act.
The said section of the law states that “a public officer who intends to contest an election under this act shall resign from public office at least six months before the date of election”.
IEBC, in a letter dated April 22, 2022, informed him that a running-mate must not be a civil servant. Further that the said nominee must be a member of the sponsoring political party.
The Commission emphasized that should the running-mate nominee be working in the government, the same must have resigned on or before February 9, 2022 –which is six months to the August 9 General Election.
It stated that aspirants must nominate a person who complies with section 43(5) of the Elections Act.
According to Mr Kuria, the IEBC is interfering with the nomination process of running mates which is the prerogative of the governor or Presidential aspirant.
“The response of IEBC meant that my choices of a running mate are very limited and it also denied me the opportunity to nominate a well deserving candidate on the basis of him/her not having complied with the said provisions of Elections Act,” says Mr Kuria in his supporting affidavit.
He claims that the IEBC’s decision is illegal because “Article 180(6) of the Constitution gives the Governor aspirant the prerogative of appointing a running who shall not be subjected to the electoral body’s election process.”
He wants the court to declare that the said section of the law is unconstitutional, and he has asked the court to issue a prohibitory order against IEBC from demanding that he submit a running mate/deputy governor from a limited pool of candidates while the case is being heard.
