By Maureen Mudi and Judy Ogutu
A move by a politician to compel the Registrar of Political Parties not to enact the Political Parties Act suffered a major setback after the court rejected his plea for temporary stay orders.
Mombasa High Court judge Leonard Njagi declined to grant the founder member of Chama Cha Uzalendo Maur Bwanamaka interim stay orders that could see the registrar not penalise parties for non-compliance.
Lucy Ndung’u, the Registrar of Political Parties |
Through his lawyer Mutua Munyao, Mr Bwanamaka had asked the court to issue the orders pending hearing and determination of the case.
But the registrar’s lawyer P Kipkosgei and the Attorney-General’s George Mararo, sought for an adjournment of the case to enable them put in papers for defence. Bwanamaka has sued the registrar and the AG, seeking orders for them to be compelled not to ratify the Act on grounds that the rights of members of small political parties would be infringed upon.
Mr Munyao argued that the deadline for political parties to comply was yesterday and that could render the suit nugatory.
And another party has gone to court to challenge the Political Parties Act on grounds that it contravenes the Constitution.
National Chairman of United Democrats (K) John Oduor Indimul is also seeking to stop the Government from enforcing the Political Parties Registration Regulations.
In a suit filed under certificate of urgency, he claims the Act contravenes the fundamental rights enshrined in the Constitution.
It also criminalises political activity contrary to the Constitution, he argues through his lawyer, Mr Ojwang’ Agina. In the suit against the AG and ECK, Mr Indimul argues that the regulations in the Act automatically deregister his party as from today.
High Court Judge, Justice Joseph Nyamu declined to issue orders stopping the Government from enforcing the regulations.
The judge directed the applicant to serve the AG and ECK. The case will be heard next month.
