, NAIROBI, Kenya, Dec 14 – The Orange Democratic Movement has filed a suit challenging the new Campaign Finance Act that requires all parties and candidates to disclose their account details and campaign teams.
The suit was filed Wednesday morning by the party’s lawyer Anthony Oluoch who argues that the Independent Electoral and Boundaries Commission has no legal mandate to publish election campaign guidelines.
He says that the commission has published the rules on its website and further submitted them to the Parliamentary Committee on Delegated Legislation on December 7, 2016 purporting to enforce the Campaign Finance Act meant to regulate campaign financing.
ODM argues that IEBC’s decision is unfair, discriminatory and arbitrary.
Oluoch contends that the action by the commission is oppressive, punitive and an abuse of power in which the court will be asked to halt.
“The decision is actuated by malice and extraneous consideration other than the administration of justice” the lawyer says.
He argues that if the decision is not quashed by the court and it allowed to be enforced, it will lock out many candidates who have expressed intention to vie for position of MP, Senate, Members of County Assembly using the ODM ticket.
The application for judicial review will be placed before duty judge Wednesday afternoon for orders and directions.