Wa Iria faults Election law provisions barring party hoping » Capital News

NAIROBI, Kenya Mar 18 – Usawa Party Leader Mwangi wa Iria has cautioned that the provisions in the Electoral Act of 2011 barring political aspirants from hopping from one party to another as a violation of freedom of association.

Wa Iria  has already petitioned the High Court to repeal required  timelines released by Independent Electoral and Boundaries Commission (IEBC) and Registrar of Political Parties enforce the same.

The Muranga Governor stated the provision is discriminatory as its aimed at ensuring that popular political parties lock candidates out of options in case of rigging in party nominations.

“We are calling for fairness in the political scene across the country. Political aspirants should have the freedom to join another political party that they feel comfortable to join after the party nomination. It’s easier for one to run on another party than to run independent,” said Wa Iria.

The petition  states that section 28 A of the Elections Act, 2011, is unconstitutional and thereby unlawful and unfair

It argues that it is discriminatory against persons willing to  join other political parties for purposes of participating in the general elections by restricting them from joining other parties even if they lost in  nominations.

“That the court is pleased to declare that section 28(1)and 28 A of the Election Act, 2011, is unconstitutional,”the petition read.

The party wants the court to allow the return of party hoping that was eliminated in 2017 following the amendment of the Election Laws (Amendment) Act, 2017 which set the deadline of decamping to other parties at 120 days before a General Election.

“To the extent that the provisions of the Elections Act and the gazette notices released by the IEBC create room for persons who loose in their respective party primaries or resign from their sponsoring political parties after the conclusion of party primaries to still participate in the general election as independent candidates, but deprives them [the] chance to join other parties within the same timeline, then such persons are denied their right to equal protection and equal benefit of the law,” reads the petition.