Lawyer Dunstan Omari in a past court session. [Kelvin Karani, Standard]
A group of independent candidates have petitioned the High Court to allow them to form a coalition ahead of the August 9 General Election.
Under the banner 'Free Kenya Initiative', the independent candidates argue that the Political Parties Act, which allows formation of coalitions between political parties, is discriminative for denying them a chance to also come together.
“The Free Kenya Initiative only seeks to create a coalition of independent candidates with a view of advancing their civic and political rights. It is unfair for the law to lock them out when they also have a huge following who want them to form a coalition,” said their lawyer Dunstan Omari.
The candidates now want the court to declare sections of the General Elections Regulations which bar independent candidates from forming coalitions as unconstitutional.
They also want an order for parliament to amend the Political Parties Act to include provision to cater for them.
Among the petitioners are Bob Njagi, Nicholas Oyoo, Mulialia Okumu, Felix Wambua, Jeremiah Nyagah and James Kamau, who are vying for various seats as independent candidates.
Mr Omari argued that the General Election Regulations as contained in the Political Parties Act regarding creation of coalitions violate Article 27 of the Constitution which gives a fair playing ground for all political aspirants.
He added that the Act also discriminates independent candidates as it requires them to submit their filled nomination forms to returning officers accompanied by copies of identity cards of their supporters.
“This places a heavy burden on independent candidates to get signatures of their supporters together with their identification documents while their competitors are only required to present their nomination certificates,” said Mr Omari.
He claimed that if the provision is not suspended, many independent candidates will be locked out of the polls, and voters will not have a chance to elect candidates of their choice.
According to Mr Omari, the provision for signatures was not required prior to the 2017 elections and was sneaked in by some legislators who fear facing independent candidates at the ballot.
“The requirement was sneaked in to frustrate independent candidates who are not seeking to join any tribal coalitions and make fake promises to Kenyans. They also fear that when independent candidates come together, they will have a big coalition to challenge the political parties,” he said.
Mr Omari submitted that when the independent candidates wrote to the Registrar of Political Parties, Anne Nderitu, requesting to be allowed to form a coalition, she declined stating that the law only allows political parties to enter into a coalition before the elections.
He added that independent candidates should also be allowed to use their preferred colours and symbols beyond the elections.
