IEBC wants party hopping case dismissed

IEBC wants party hopping case dismissed

Independent Electoral and Boundaries Commission (IEBC) has asked the court to dismiss the party hoping case filed by Council of Governors saying that the petitioners have failed to demonstrate to the court how the impugned section 28 of the Elections Act 2011 as amended, infringes on the freedom of association.

IEBC claims that the impugned section 28 of the Election Act 2011 does not prohibit defection, adding that it recognizes that a person is free to join participate in and even defect from party at any time including after the party primaries or nomination

“We urge this court to vacate the ex-parte conservatory orders issued on the 23rd of February 2015,” submitted the AG.

The commission further contends that section 28 is necessary and justifiable legal provision.

The High Court stopped the Independent Electoral and Boundaries Commission (IEBC) from implementing the anti-party hoping law until a case filed by the Council of Governors challenging the law is heard and determined.

In the case, CoG wants the court to allow party hoping, arguing that the law limits freedom of persons from making political choices contrary to the constitution.

CoG argues that the clause limits the freedom of association of Kenyans as provided for under the constitution.

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

Under the new laws, independent candidates are expected to submit their nomination forms to IEBC at least 60 days before polls meaning aspirants who will lose at the primaries will not have a chance to move to another party.

 

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IEBC Council of Governors dismiss law limits freedom of persons from making political choices contrary to the constitution. PARTY HOPPING section 28 of the Election Act 2011

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