, NAIROBI, Kenya, May 6 – Mogotio MP Hellen Sambili is contesting the period within which a political aspirant can resign from a party to join another and seek election.
In an urgent suit, the legislator who lost in last week’s Jubilee Party primaries is arguing that the deadline set by the Independent Electoral and Boundaries Commission (IEBC) from 45 days to 120 is unreasonable and unfair.
Sambili together with Carnicius Jackson Mesoh who unsuccessfully failed to clinch the Dagoretti North Jubilee Party ticket are seeking to run as nominees under Governor Alfred Mutua’s Maendeleo Chap Chap political party.
They have faulted the recently amended Election Laws which provide that an aspirant can only run using a political party’s ticket after being a member of the same for 120 days to the General Election.
The period for defecting to other political parties lapsed on April 7, after IEBC set August 8 as the poll date.
The duo is aggrieved because for now the only window open for them is to run as independents and cannot also purport to join another political party.
This, they say, is a violation to the freedom of association which includes the right to form, join or participate in the activities of a political party of their choice.
They consequently want an order issued suspending the deadlines set by IEBC with the effect to prohibiting aspirants from seeking election on parties they joined less than 120 days to the general elections.
In addition they want the court to declare that the changing window period within which an aspirant can resign from a party and join another from 45 days to 120 is unreasonable and unfair.
IEBC is expected to respond to the application on Monday next week.