IEBC to meet Political Parties on Gender Rule Compliance
 3rd Dec 2018

Court orders IEBC to ensure compliance with gender rule

Nairobi, 3rd December, 2018

The Commission plans to meet Political Parties and the Office of the Registrar of Political Parties (ORPP) to discuss compliance with the Court ruling in the Katiba Institute Petition (No. 19 of 2017) on gender parity in the nomination process.  The IEBC was the only respondent.

In a letter sent out to all Political Parties, IEBC Chairman, Mr. Wafula Chebukati, says “Whereas the two-third gender principle is a significant matter in the realization of the provisions of Article 81 of the Constitution on the General Principle for the electoral system-and noting that the Political Parties and IEBC are key players in election participation and management- we are persuaded that it is necessary to engage in consultative meeting on the said subject. We therefore write to inform that in due course we shall invite you to a consultative meeting to deliberate compliance with the judgment and Orders of the court”.

On 20th April 2017, the High Court made orders that:

1) Political Parties are bound by the provisions of the Constitution and that any action undertaken by them, including nomination process for the candidates for members of Parliament, must comply with the requirements of those provisions.

2) The power conferred to the respondent in article 88 (4) (d) of the Constitution of “Regulation of the process by which parties nominate candidates for election” obligates the respondent [The IEBC] to ensure that nominations carried out by the political parties meet the requirements of the constitution, especially Articles 10, 19, 20, 27, 28, 56 and 91 (1).

3)  Articles 10, 19, 20, 27, 28, 56, and 91 (1) of the constitution obligates the respondent [The IEBC] to reject any nomination list of a political party for its candidates for the 290 constituency based elective positions for Members of the National Assembly and 47 County-based positions for the members of the senate that do not comply with the two- third gender rule.

4) Political Parties to take measures to formulate rules and regulations for the purpose of actualizing the two-third gender principle during nominations for the 290 constituency based elective position for the National Assembly and 47 County-based elective positions for the members of the senate within SIX months from the date of the judgment. In default, the respondent, The Independent Electoral and Boundaries Commission, shall device an administrative mechanism to ensure that the two- third gender principle is realized among Political Parties during nomination exercises for parliamentary elections. For avoidance of doubt, and in order to avoid disruption, this order shall not apply to the General Elections due on 8th August 2017.