Pro-Raila group in court to block party-hopping laws

A lobby group allied to Prime Minister Raila Odinga has filed a petition in the Constitutional court to challenge amendments that opened the gates for party hopping and nomination of presidential losers to the Senate and Parliament.

The Friends of Raila (FORA) group on Monday petitioned the court to declare the amendments made to the Political Parties Act and the Election Act 2012 as unconstitutional.

They also seek an injunction restraining Attorney General Githu Muigai from gazetting the amendments pending determination of the petition.

The petition was filed by lawyer Antony Oluoch. He was accompanied by FORA vice Chairman Hassan Omar.

The controversial amendments, passed last week by Parliament, are contained in an omnibus legislation called the Statue Law Miscellaneous Amendment Bill. It contained amendments to both the Political Parties Act and the Election Act 2012.

The changes allow sitting MPs to change parties ahead of the general election and allows political parties to nominate their presidential losers to the Senate and Parliament. The changes also give sitting MPs and Councillors a grace period of five years within which they must acquire the mandatory university degree.

The Friends of Raila (FORA) group wants the court to issue an injunction restraining the Independent Electoral and Boundaries Commission (IEBC) from accepting any party list nominating unsuccessful presidential candidates.

The group argues that the slots for nomination are meant to serve women, the youth and persons with disabilities.

In its petition, the group wants the Constitutional court to declare that Parliament and the Attorney General are "under duty to co-ordinate and consult with the Commission on Implementation of Constitution" and "facilitate public participation in preparing and enabling legislation."