74.
He urged his case further by deposing that upon issuance of the
Katiba case judgment, the Commission embarked on a series of
initiatives designed towards the implementation of that
constitutional imperative including engagement with the Attorney
General, Parliament, the Registrar of Political Parties, the Political
Parties Liaison Committee (PPLC) on 8th May 2019, and National
PPLC on 11th July 2019, of 3rd to 6th February 2021 inviting all
registered Political Parties and their leaders, chairpersons and
secretary Generals, independent offices and Commissions as well as
the civil society to discuss the two-third gender rule and implications
of the Katiba Institute Case.
75.
He further deposed that a National PPLC Plenary workshop was held
between 17-19 November, 2021 at the Great Rift Valley Lodge,
Naivasha which invited all registered parties and their
representatives to take part in the workshop which resulted in a
report that was made available to all registered political parties on
the obligation upon political parties in respect of the two-thirds
gender rule.
76.
On the foregoing therefore, Mr. Owiye stated that it was not true for
the Petitioners to say that the Commission acted ultra vires. He
maintained that it acted within the law.
The Submissions:
77.
The Commission filed submissions dated 23rd May, 2022 to further
support its case.
78.
The deposition of Mr. Owiye was largely embellished in the
submissions. In reference to various Political Parties Liaison
Committee meetings, it was submitted that all political Parties were,
at all material times, aware of the existence of orders in Katiba Case
and were bound to comply.
79.
It was submitted that the Commission’s notice referenced as
IEBC/CORR/PP/2022 issued on 27th April, 2022, was drawing the
attention of all registered Political Parties of their existing legal
Judgment – Nairobi High Court Constitutional Petitions No. E211 of 2022 & JR No. E071 OF 2022
Page 15 of 59