IEBC ordered to certify March 2013 election results
05 December 2013, 10:32
Nairobi - A Nairobi court has ordered the Independent Electoral and Boundaries Commission to certify election results so as to allow allocation of funds to political parties.
High Court judge David Majanja ordered the IEBC to make submissions of the March 4 General Election results in order to certify the allocation of funds to political parties.
“IEBC has to file and serve affidavits certifying the election results,” said Justice Majanja.
According to the Registrar of Political Parties Lucy Ndung’u, the computation done in the allocation of the monies under the fund is based on allocation by Treasury and the election results.
However in the suit to be heard on December 20, it is not clear which election results are referred to since there are two provisions, the one tabled in parliament and a gazetted one.
Although both provisions indicate TNA and URP as the winning parties and ODM following closely, there is a slight difference.
The Political Parties Forum had filed a petition against the office of the Registrar of Political Parties, the IEBC and the Attorney General challenging the Political Parties Act.
They wanted an order directing IEBC to release and publish in full the electoral results of the March 4th General Elections for all the six electoral contests.
They also wanted an order which was granted on September 2 by Justice Mumbi Ngugi, restraining the office of the Registrar of Political Parties and the IEBC from disbursing any portion of the Political Parties Fund without giving full, fair and reasonable notice to all political parties of the electoral results.
The Political Parties Forum which represents the other 57 parties excluding TNA, URP and ODM argues that the Act in Section 25(2) highly purports discriminatory threshold for political party funding and want it declared unconstitutional, null and void.
Depending with the outcome of the suit, the other 57 smaller parties are seeking to get a reasonable opportunity to enter into post-election coalitions so as to access the funding share contrary to the Political Parties Act.
The Act states that parties which have not secured at least 5 Percent of the total number of votes at the preceding General Election or has more than two thirds of its registered bearers are of the same gender are not entitled to access the funds.
According to a sworn affidavit by Prof. Anyang Nyong’o of ODM who have been enjoined in the suit as an interested party, following the orders issued, say that thanks to the freezing of the distribution of funds to the qualified parties, they are unable to undertake their duties especially in the administrative and staff expenses.
URP has also been enjoined as interested party.
Ms Ndungu argues that the Political Parties Forum wants the court to replace a policy decision determined by other arms of the government with its own considerations of what the policy ought to be.
She reiterates that it is upon them to invoke parliament to replace the policy decision factoring what they consider to be a reasonable funding threshold and justification.
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