By Judy Ogutu
Two political parties have been enjoined in a case challenging a move by Parliament to allow party hopping among MPs.
The Alliance Party of Kenya and Party of National Unity joined Friends of Raila (Fora), the political lobby group that moved to court last month, to challenge party hopping.
Fora has been allowed to amend its petition following the rejection of the Statute Law (Miscellaneous) Amendment Bill 2012 by President Kibaki.
The lobby was also challenging a decision to amend the law allowing unsuccessful presidential candidates to be nominated.
It went to court seeking to block the Attorney General from gazetting or enacting the Miscellaneous Amendment Bill/Act 2012 touching on the Political Parties Act, 2012 and the Elections Act, 2011.
In alternative, Fora wanted the court to issue a conservatory order restraining the Independent Electoral and Boundaries Commission from accepting any party list purporting to nominate unsuccessful presidential candidates or any other person pursuant to Parliament’s decision to amend the two laws.
soft landing
In their petition, they argued that the provisions of the Miscellaneous Amendment Bill/Act 2012 purports to allow current MPs to change political parties and also allows political parties to nominate to the National Assembly or Senate presidential candidates or persons other than those contemplated by the Constitution.
According to Fora, those contemplated are vulnerable people such as women, the elderly, persons with disabilities, children, youth, minority or marginalised communities and members of ethnic, religious and cultural communities.
It was the petitioner’s contention that Parliament had breached or ignored provisions of the Constitution, especially Article 21 (3). The case comes up on October 8.
President Kibaki rejected the controversial amendments after the publc denounced some of the provisions.
MPs wanted to provide a soft landing for all presidential aspirants by ensuring they could be nominated to serve in Senate or Parliament.
