HIGH COURT DEALS A MAJOR BLOW TO IEBC
Political parties can now breathe easy after the High Court declared notices issued by IEBC last month requiring political parties to comply with the two-thirds gender principle unconstitutional.
In a judgement delivered by Justice Antony Mrima, the court said that the decision by IEBC to compel parties to comply with the two-thirds gender rule is illegal for lack of public participation.
Mrima in his judgement, noted that the letter by IEBC further violated Articles 27, 38, and 91 of the constitution as it amounts to a direct derogation of political parties.
The court has also issued a declaration of the decision by the electoral commission contained in a letter dated May 5, 2022, to UDA requiring the party to revise its nomination list within 48 hours.
The judge has, however, said that compliance with the gender principle will be applied in the next election cycle.