A Nairobi resident has filed a petition in Milimani Law Courts challenging the Political Parties (Amendment) Act, 2021, which was recently signed into law on January 27, 2022, by President Uhuru Kenyatta.
Salesion Mutuma Thuranira through his lawyer Elias Mutuma seeks orders barring the operationalization of the Bill.
Thuranira argues the bill threatens Kenyan’s political rights and the independence of the autonomy of the Independent Electoral and Boundaries Commission (IEBC).
The petitioner also wants the court to bar IEBC and the Registrar of Political Parties from either implementing or acting on the Political Parties (Amendment) Act, 2021.
He also claimed the Bill seeks to grant Draconian powers to the Registrar of Political Parties.
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“The Bill as passed seeks to grant the Registrar of Political Parties Draconian powers that would materially and substantially assail due process guarantees under the Constitution,” the court document read in part.
Thuranira also argued the Bill was fraudulently passed with ambiguity and may lead to confusion in the electoral process.
“THAT, the Bill as passed is fraught with ambiguity and will lead to confusion in the electoral system,” the petitioner argued.
The case that includes the Attorney General, the Speaker of the National Assembly, the Senate, the Registrar of Political Parties and IEBC was filed under a certificate of urgency.
This comes after members of Parliament allied to the United Democratic Alliance (UDA) vowed to file a petition in court against the Political Parties (Amendment) Act, 2021 after putting up a spirited fight opposing in parliament but were overwhelmed by their colleagues allied to President Uhuru Kenyatta and Raila Odinga who voted for the bill.