CJ Koome forms a three-judge bench to hear party hopper case
Chief Justice and and President of the Supreme Court of Kenya Martha Koome.
Chief Justice Martha Koome has appointed a three-judge bench to hear a petition by Kabazi MCA Peter Kibe Mbae seeking to protect legislators who change parties from losing their seats.
Nakuru Presiding Judge Joel Ngugi and justices Teresia Matheka and Hillary Chemitei will hear and determine the petition that Dr Mbae filed on February 25.
The file was sent to CJ Koome by Justice Ngugi after Dr Mbae requested that the matter be heard by an expanded bench.
Dr Mbae’s lawyer argued that the petition raised issues of serious public interest that could not be dealt with by a single judge.
"I hereby appoint the said three judges to hear and determine this matter," CJ Koome ordered.
Dr Mbae ditched his sponsoring Jubilee Party to join Deputy President William Ruto's United Democratic Alliance.
He is challenging a directive from the electoral agency that Speakers of Houses ask sitting ward reps and MPs seeking elective seats in the August 9 elections on a different party than the one that sponsored them to resign before submitting their nomination papers in April.
He also wants Section 14 of the Political Parties Act, which Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati relied on, declared unconstitutional, null and void.
Dr Mbae argues that the section, which aims to promote democracy and party discipline, is constitutionally deficient as it does not have provisions for unique circumstances that occur during the transition period in the election cycle.
The Attorney-General and the Speaker of the Nakuru County Assembly are the respondents in the case, while the Registrar of Political Parties, the IEBC and Speakers of the 47 county assemblies are listed as interested parties.
In his supporting affidavit, Dr Mbae claims the law is silent on political rights and fails to put the issues into context.
He argues that if members resign and lose their seats, it will be impossible to refill such vacancies and this may lead to disastrous consequences.
“Section 14 is deficient to an extent that it requires that a sitting MP or MCA resigns from his seat but does not offer an opportunity for refilling the seat hence exposing the constituents to non-representation for the remainder of the term of the respective houses of representation.,” he argues.
Justice Ngugi, in his ruling delivered on March 18, issued conservatory orders restraining Speakers of county assemblies and the National Assembly from declaring vacant the seats of MCAs and MPs who quit their sponsoring parties to join others.
