Ghai wants IEBC compelled to enforce gender rule

Yash Ghai wants the court to issue orders compelling IEBC to reject any list of nominees that does not comply with the two-thirds rule. (Photo: Titus Munala/Standard)

A lobby group has gone to court seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) to ensure political parties adhere to the two-thirds gender rule in party primaries.

Katiba Institute claims IEBC has failed to provide information on whether parties have complied with the gender rule.

The group's chairman, Yash Ghai, wants the court to issue orders compelling IEBC to reject any list of nominees that does not comply with the two-thirds rule.

Through lawyer Waikwa Wanyoike, Prof Ghai claimed IEBC had a duty to reject any list that did not adhere to the rule. He added that the relief sought could have a direct impact on party nominations.

"The petition raises weighty issues that have not been previously determined by any superior court," claimed Ghai.

He is also seeking orders to compel all political parties to ensure that the lists of nominees they present to IEBC for elective positions meet the two-thirds gender rule.

Meanwhile, another lobby group has challenged the process of passing the election laws by the National Assembly, terming it unconstitutional.

Bado Mapambano lobby group chairman Jaoko Odinga Oburu claimed the National Assembly violated the law by the manner in which they enacted the amendments to the Election Act 2011.

The group claimed the election laws were passed in the National Assembly on December 22, 2016, without public participation.

They said the process was chaotic because Parliament Buildings was sealed off from the public and CORD MPs boycotted the process.

The lobby wants the court to declare the election laws unconstitutional.