Nairobi, Kenya: Three voters have moved to court to block the swearing in of MPs, Governors, Senators and Women representatives.
The three petitioners are Dr Calvin Kodongo, Martin Nkari and Ken Orengo.
They have sued Transition Authority, clerks of the Senate and National Assembly, The Independent Electoral and Boundaries Commission, Attorney General and The Commission on Implementation of the Constitution.
High court Judge David Majanja certified the matter as urgent and the hearing is slated for Monday.
President Kibaki on Wednesday summoned Parliament for its first sitting next week.
More Details
In the aftermath of Kenya’s 2013 general elections, several legal challenges were mounted against the swearing-in of elected officials, including Members of Parliament (MPs), Governors, Senators, and Women Representatives. These petitions were primarily filed by individuals alleging electoral malpractices such as vote rigging, bribery, and irregularities in vote tallying.
Notable Election Petitions Post-2013 Elections
- Election Petition 5 of 2013 – Tharaka-Nithi Gubernatorial Election
A candidate contested the gubernatorial results, alleging vote manipulation, exclusion from the ballot, and irregularities in vote tallying. The court examined claims of widespread voter bribery and procedural breaches by election officials. However, the petition was dismissed due to insufficient evidence to substantiate the allegations. - Election Petition 3 of 2013 – Iria-ini Ward Election
This petition involved allegations of voter bribery and procedural violations at polling stations. Witnesses testified to observing bribery activities, but the court found that the evidence presented did not meet the required legal standards to annul the election results. - National Gender and Equality Commission (NGEC) v. Independent Electoral and Boundaries Commission (IEBC) – Petition 147 of 2013
This petition addressed the gazettement of nominated members to the Senate and National Assembly. The court ruled that the gazettement process was constitutional, affirming the legitimacy of the nominations and the subsequent swearing-in of these members.
Broader Constitutional Implications
Beyond individual petitions, the broader constitutional framework posed challenges. The 2010 Constitution mandated a two-thirds gender rule in Parliament, requiring that no gender should hold more than two-thirds of the seats.
However, Parliament failed to enact the necessary legislation to implement this rule by the stipulated deadline. In 2017, the High Court declared Parliament’s non-compliance a violation of women’s rights and constitutional principles, warning that continued non-compliance could render Parliament unconstitutional.
Despite these rulings, the required legislation was not enacted, leading to ongoing debates about the constitutionality of Parliament’s composition.
