By John Muthoni
Kenya: Independent Electoral Boundaries Commission (IEBC) observed constitutional provisions to ensure regional diversity when it approved the nomination of Naisula Lesuuda to the Senate, her lawyer Charles Kanjama argued Tuesday.
Mr Kanjama told the court that the electoral body designated the former journalist to allow for regional and ethnic diversity as stipulated in Article 36 and also observed provisions on allocating the same to marginalised groups.
The counsel in his submissions argued that the petitioner, Ms Lydia Mathia, was not selected because of conflict with the constitutional provision for gender and ethnic diversity.
He pointed out that if the petitioner had her way to the Senate, this would have resulted in two persons, out of the four nominees, being from the same ethnic group thus defeating ethnic diversity logic.
“She is not in the Senate because despite her priority, she was not designated by IEBC due to lack of ethnic diversity. The IEBC is given the legislative sanctions, where necessary, to designate on its own priority,” Kanjama said.
Mr Kibe Mungai, for Ms Mathia, submitted that there was no distinct difference between the two as they were both defined as youths, a group that is categorised as a minority and marginalised.
He cited Article 91 of the Constitution, arguing that political parties are supposed to allow all to participate in political processes without discrimination.
“TNA listed both of them as youths thus one person cannot wave the flag of marginalisation to the other who is also considered as marginalised,” Mungai said.
