A lobby has moved to court seeking an order to compel the Independent Electoral and Boundaries Commission to reject nomination lists of leaders for the posts of MPs and Senators if parties do not comply with the two thirds gender rule.
In the case documents, Katiba Institute wants Political parties that are non-compliant with the two thirds gender constitutional requirement to be barred from participating in the elections of leaders in the National Assembly and the Senate.
“The objective of this case will be rendered nugatory if this matter is not heard on a priority basis yet we want to ensure that nominations for constituencies and counties elective posts adhere to the gender principle,” Mr Waikwa Nyoike for the lobby said.
Mr Waikwa argued that the case has a direct impact on the nomination process of the political parties’ candidates for the coming elections which already has a set timeline of March 23.
He disclosed that the lobby, on December 15, last year had sought to know whether the IEBC intends to ensure all political parties comply with the two thirds gender rule.
He claimed that the IEBC refused to provide them with that information hence the argument that their case raises weighty issues.
The lobby wants it determined whether the law on the gender principle obligates political parties to comply with it.
It also wants it determined whether IEBC is prohibited from accepting nomination lists that fail to meet the requirements of the gender rule.
“The issues raised herein are of great importance as they affect the nature of democracy and concerns the need to ensure political parties do not directly or indirectly participate in violation of the gender rule as well as affirmative action,” Mr Waikwa said.
The lobby has sued IEBC and want their case satisfied urgent as well as a bench be constituted to hear and determine it.