2.
Each of the Petitioners filed separate proceedings which were later
consolidated. They are Petition No. E211 of 2022 Cliff Marube
Ombeta vs. Independent Electoral and Boundaries Commission &
United Democratic Alliance Party (Interested Party) and Judicial
Review Misc. Application No. E071 of 2022 Adrian Kamotho
Njenga vs. Independent Electoral and Boundaries Commission &
Office of the Registrar of Political Parties & 9 Others (Interested
Parties). The matters were thereafter consolidated by an order of this
Court made on 19th May, 2022 and Petition No. E211 of 2011 became
the lead Petition. I will hereinafter refer the two matters as ‘the
consolidated Petitions’.
3.
The Petitioners variously decried that the impugned notices were
unconstitutional and ought not see the light of the day. The notices
were vide letters by the IEBC dated 27th April, 2022 and 5th May,
2022 respectively.
4.
The letter dated 27th April, 2022 was addressed to all registered
political parties and directed that the Commission was to reject any
nomination list that did not comply with the two-thirds gender rule
with notice to the political party. The letter dated 5th May, 2022 was
addressed to the 1st Interested Party herein, the United Democratic
Alliance Party. It communicated the Commission’s decision to reject
the party’s nomination list and directed that the same be revised
within 48 hours and in any event not later than Monday, 9 th May,
2022 at 11:50 pm.
5.
The principal decision by the Commission on the need for political
parties to comply with the gender principle was, therefore, contained
in its letter dated 27th April, 2022 which was addressed to all
registered political parties. The letter dated 5th May, 2022 and any
other were subsequent to the main one dated 27th April, 2022. I will
hereinafter, therefore, refer to the letter dated 27th April, 2022 as ‘the
impugned notice’ and the decision contained therein as ‘the
impugned decision’.
Judgment – Nairobi High Court Constitutional Petitions No. E211 of 2022 & JR No. E071 OF 2022
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