Meru senator aspirant Salesio Thuranira has challenged the Political Parties (Amendment) Act, 2021 signed by the President last week.
He says the Bill was passed in the National Assembly without adequate public participation.
“The passing of the Bill flouted several National Assembly Standing Orders that should have been observed,” Thuranira says.
Through lawyer Elias Mutuma, Thuranira says the Bill as passed is filled with ambiguity and will lead to confusion in the electoral system.
According to court papers, certain amendments, like the formation of coalition political parties are time-bound and are expected to be complied with by political parties upon its taking effect.
He wants the court to suspend the implementation of the Political Parties (Amendment) Act, pending the hearing and determination of the case.
Thuranira wants the court to bar the IEBC and the Registrar of Political Parties from acting on it.
He says the National Assembly and the Senate hurriedly passed the Bill on January 5 and 26 before it was placed before the President for signing.
“There are glaring constitutional violations in various sections of the Political Parties (Amendment) Act, 2021 that threaten the political rights of Kenyans and the independence of the IEBC,” he says.
Thuranira says he is aggrieved that his political chances and political rights in the Constitution are prejudiced if the amendments take effect as he will be thrown into limbo if his party forms a coalition with another.
He says he is apprehensive the amendments were passed to effect undisclosed interests that would favour one faction while discriminating against another.
“That the process was done in haste at a time when the world was readying itself for Christmas celebrations and New Year festivities,” reads court papers.
Thuranira says he is aware the National Assembly called the public and stakeholders to give their views and comments as required by law.
“That even if public participation was to be conducted, it would not meet the test of reasonable time as the Bill was introduced and debated on and passed in 10 days,” he says.
He says the amendment of section 2 of the Act takes away the meaning of a political party from the confines of Article 260 of the Constitution by irregularly expanding to include a coalition political party, therefore, contravening the Constitution
“Parliament cannot arrogate itself the power to amend the constitutional definition of a term to provide for an expansive definition,” he says.
Thuranira says the amendment adds no value but creates more bottlenecks to the IEBC’s operations and disenfranchises political parties that would have seamlessly engaged the IEBC.
“I am apprehensive the amendments shall limit my political rights as I will be lost on which political party to subscribe,” he says.
He is apprehensive the political parties will take advantage to unfairly remove members whom they deem non-loyal on account of resignation for advocating for ideologies of a different party.
Edited by Kiilu Damaris