Governors in court to reinstate party hoping

The Council of Governors wants the court to allow party hoping arguing that it limits freedom of persons from making political choices contrary to the constitution.

The Governors moved to court saying that the amended Elections Law (Amendment) Act that limits party hoping is illegal.

“Pending the hearing of this application an order be issued staying the implementation of Section 28 of the Elections Act No.24 of 2011(Amendment) Act.2017),” reads the petition.

In the petition filed at the Milimani Law Courts under a certificate of urgency, the Governors argue that by denying members of a political party the right to freely move from one political party (within the deadline for political parties primaries) to another and still eligible to contest in the General Election without any reasonable restrictions limits the right to political participation and association.

They argue that it is very urgent that the court determines the issue of the constitutionality of Section 28 of the Elections Act.No.24 (Amendment) Act.2017) before the Independent Electoral and Boundaries Commission (IEBC) starts to implement the clause in readiness for August 8, 2017 General Election.

They further argue that the Act contains a problematic and unconstitutional Section 10 (which replaces Section 28 of the Election Act 2011) which was designed to tame party hoping.

The Council of Governors argue that the clause limits the freedom of association of Kenyans as provided for under the Article 36 (1) of the Constitution before the lawful deadline for the conduct of party primaries.

Parliament passed the Elections Laws Amendment Act 2017 which commenced on 30th January of this year.

Under the new laws, Independent candidates are expected to submit their nomination forms to IEBC at least 60 days before polls.

With this, those losing at the primaries stage will not have a chance to move to another party.