6.
On the 11th May, 2022 this Court, (Hon. Ndung’u, J.) granted the
2nd Petitioner leave to apply for an order of Certiorari to remove into
this Court and quash the impugned notice. The leave was also to
operate as a stay of the impugned notice.
7.
The stay order was challenged by the 3rd Interested Party herein,
Katiba Institute. It was through a Notice of Motion dated 19th May,
2022. The application was heard inter-partes and a ruling rendered
on 2nd June, 2022. The application was disallowed and that paved
way to the hearing of the consolidated Petitions, hence, this
judgment.
8.
Save for the 1st Interested Party, the United Democratic Alliance Party,
the rest of the Interested Parties and the Respondent vehemently
opposed the consolidated Petitions.
The Petition No. E211 of 2022:
9.
This Petition was instituted by Cliff Marube Ombeta (hereinafter
referred to as ‘the 1st Petitioner’), a Member of the United
Democratic Alliance Party and the successful party flag bearer for
the Member of National Assembly seat, Bonchari Constituency
within Kisii County.
10.
The Petition is dated is 11th May, 2022. It was supported by the 1st
Petitioner’s Affidavit sworn on even date. He also filed an application
by way of a Notice of Motion of even date.
11.
Through the Petition and the application, Cliff Ombeta, the 1st
Petitioner sought to challenge the operationalization of the two-third
gender rule as contained in the impugned notice.
12.
It was his case that his party, United Democratic Alliance Party had
conducted nominations and issued to successful candidates,
certificates of nomination and forwarded a list thereof to the IEBC.
He posited that the impugned notice was unconstitutional for
Judgment – Nairobi High Court Constitutional Petitions No. E211 of 2022 & JR No. E071 OF 2022
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