Parties to nominate poll losers

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By NATION REPORTER
Posted  Thursday, November 15  2012 at  20:21

IN SUMMARY

• High Court Judge David Majanja dismissed two petitions filed by the Commission for the Implementation of the Constitution (CIC) and Friends of Raila (Fora) lobby.
• The two cases sought to outlaw a provision in the Elections Act allowing political parties to include names of the President and deputy President in the category of special interest groups.
• The special interest groups have been categorised as women, people with disabilities, the youth, ethnic minorities and marginalised communities. The seats are in Parliament, the Senate and the county assembly.

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Political parties are free to nominate presidential losers to Parliament after the High Court rejected cases filed by the agency charged with the implementation of the Constitution and a lobby group.

High Court Judge David Majanja dismissed two petitions filed by the Commission for the Implementation of the Constitution (CIC) and Friends of Raila (Fora) lobby. (READ: Parties can still nominate poll losers, lobby argues)

The two cases sought to outlaw a provision in the Elections Act allowing political parties to include names of the President and deputy President in the category of special interest groups.

Special interest groups

The special interest groups have been categorised as women, people with disabilities, the youth, ethnic minorities and marginalised communities. The seats are in Parliament, the Senate and the county assembly.

The judge ruled that the special interests of the political party and the need to promote party-based democracy is a legitimate purpose.

“Providing for the nomination does not in itself undermine the rights and protections afforded to special groups,” Mr Justice Majanja said.

The judge added that there was no provision in the Constitution that bars presidential candidates from being nominated in the special interest group.