Parties can still nominate poll losers, lobby argues
Friends of Raila lobby group lawyer Anthony Oluoch (second right) outside the High Court in Nairobi in this file photo. Fora has argued that political parties can still nominate unsuccessful presidential candidates to Parliament despite President Kibaki’s rejection of changes to election laws July 3, 2012.
By PAUL JUMA
Posted Tuesday, July 3 2012 at 17:03
Posted Tuesday, July 3 2012 at 17:03
Political parties can still nominate unsuccessful presidential candidates to Parliament despite President Kibaki’s rejection of changes to election laws, a court heard Tuesday
The nominations will be possible because of a change that Attorney General Githu Muigai made to Section 34(9) of the Elections Act, through a special issue of the Kenya Gazette on October 12, 2011, according to Friends of Raila (Fora) lobby group.
In the issue, Prof Githu Muigai changed Section 34(9) of the Act, by deleting the word “not”.
Before the deletion, the clause read: “The party list may not contain a name of any Presidential or Deputy Presidential candidate nominated for an election under this Act.”
Fora’s lawyer Anthony Oluoch told the High Court that the lobby group wished to amend its petition to challenge the Kenya Gazette notice.
The lobby, which supports Prime Minister Raila Odinga’s campaign to be Kenya’s next President, filed the petition and an application at the court after Parliament passed the Statute Law (Miscellaneous Amendment) Bill 2012.
Legal barrier
The proposed amendments removed a legal barrier that had made it impossible for MPs to change political party memberships within three months to the elections. The amendments also made a new provision that a political party whose candidate for presidency would not capture the seat would be able to nominate the same candidate as MP.
As the Bill was sent to President Kibaki for assent, Fora moved to court alleging that the proposed changes violated the Constitution and awarded politicians nomination rights preserved exclusively for the marginalised and minority groups.
However, President Kibaki sent the Bill back to Parliament with a memorandum rejecting the proposed changes.
On Tuesday, Mr Oluoch withdrew an application in which Fora had sought an injunction restraining Prof Githu from publishing an Act that could have resulted from President Kibaki signing the Bill.
He informed Lady Justice Mumbi Ngugi that the issues raised in the application had been solved by President Kibaki’s action.
However, the lawyer said that the issue of nominating unsuccessful presidential candidates into slots preserved for women, youth and the disabled was still alive due to Prof Githu’s gazette notice. The judge allowed him to amend the petition to include the notice.
At the same time, the court allowed the Party of National Unity (PNU) and the Alliance Party of Kenya (APK) to join the case as interested parties.
Lawyer Jonah Mngola, who had sought the enjoinment, said that the two political parties will be opposing the petition.
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