Independents lose case on nominations

Justice John Mativo, on February 9, 2017, delivers a ruling on the closure of Dadaab refugee camp. He has rejected the request by independent candidates to have the IEBC reserve nomination slots for them. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Justice John Mativo ruled that the law does not prescribe nomination seats for independent candidates.

Independent candidates on Tuesday lost a bid to have the electoral agency reserve nomination slots for them.

In a suit filed by the Independents Society, Justice John Mativo ruled that the law does not prescribe nomination seats for independent candidates.

Justice Mativo pointed out that this does not necessarily mean that they have been discriminated against, hence dismissed the suit in which the lobby wanted the electoral commission to allocate them a proportionate share of the nomination slots in the national and county assemblies soon after the August 8 elections were concluded.

“Applying the principles laid down in the authorities cites and guided by ... analysis of the law as enumerated, the conclusion becomes irresistible that the lobby has not satisfied the threshold to be granted their request,” Justice Mativo ruled.

According to the judge, nominated persons have already been gazetted by the electoral commission and have since taken up their positions in Parliament and the county assemblies.