Justice Chacha Mwicha has dismissed a case by the Council of Governors contesting a section of the amended Elections Laws that prohibits party hopping.
As a result, politicians who lose during the ongoing party primaries will only vie as independent candidates come August 8 and not through defection to other parties.The governors’ umbrella body had argued that whereas a person may have genuine justifiable and warranted reasons for defection, he or she cannot exercise the constitutional political freedom to resign and join another political party for election within the nomination time-frame. They faulted the law arguing that its restriction to political freedoms is wholly disproportionate in an open and democratic society.According to the judge, Section 28 of the Amended Act is necessary for a democratic society to ensure proper preparation and management of the electoral process.Justice Mwita noted that an individual who is not sufficiently nominated can only shift his allegiance to another party within the time frame spelled out IEBC adding that the law requiring political parties to file a list of party members within a set time frame prior to a general election or by-elections is necessary to the integrity of the electoral process.In his ruling, the petitioners failed to demonstrate that the challenged section is unconstitutional or in any manner infringes any provisions of the Constitution.