[UAH] Presidential candidates locked out of nomination to Parliament - Politics - nation.co.ke
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10:47 AM |
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Presidential candidates and their running mates got a rude shock after they were barred from nominating themselves to parliament in the event that they lose in the election.
A three judge bench comprising Justices Festus Azangalala, Patrick Kiage and Jamila Mohammed of the Court of Appeal declared Section 34 (9) of the Election Act invalid, effectively locking out the candidates for at least five years until the subsequent elections.
They dismissed an earlier ruling by Justice David Majanja which upheld nomination of presidential candidates to parliament saying that the judge misdirected himself in his interpretation and treatment of the question of special interest groups.
"The inclusion of presidential and deputy presidential candidates in Section 34(9) of the Act is a violation to all reason and logic of the rights of the marginalized by arbitrary superimposing well-heeled individuals in the nomination list to the disadvantage of the marginalised," ruled the judges.
The appeal was filed by the Commission of the Implementation of the Constitution (CIC) against the ruling by Justice Majanja in which he declared that party list for nomination can contain names of the presidential and deputy presidential candidates.
The CIC argued before the Appellate court that the judge made a mistake since the clause was inconsistent with provisions of the constitution which guarantees nomination of disadvantaged and marginalised group to political seats.
The judges upheld the arguments, ruling that the constitution intended that marginalised groups be beneficiaries of a more inclusive political order, and accused the Tenth Parliament of amending the Elections Act to suit their political friends.
http://www.nation.co.ke/News/politics/Court-blocks-presidential-candidates-from-House-nomination-/-/1064/1882952/-/h5d06uz/-/index.html
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