Court Blocks Independent Candidates from Forming Coalitions Ahead of August 9th Elections

The High Court has dismissed a petition seeking to have independent candidates allowed to form a coalition ahead of the August 9th elections.

A group of independent candidates under the Free Kenya Initiative wanted the court to issue orders to allow them to team up ahead of the upcoming elections.

“The Free Kenya Initiative only seeks to create a coalition of independent candidates with a view of advancing their civic and political rights. It is unfair for the law to lock them out when they also have a huge following who want them to form a coalition,” they argued through lawyer Dunstan Omari.

They sought to have sections of the General Elections Regulations that bar independent candidates from forming coalitions declared unconstitutional.

But in ruling on Thursday, Justice Anthony Mrima noted that there will be a constitutional crisis if the orders sought are granted, adding that the petitioners will not suffer any prejudice.

While he admitted that the case raises matters that have to be addressed, the judge observed that the electoral process will be held in limbo and that the Independent Electoral and Boundaries Commission (IEBC) will not be able to conduct a free and fair election.

"It's the duty of the court to avoid a constitutional crisis, in this matter public interest tilts in favor of the respondents," Justice Mrima ruled.