Two Mombasa Voters Want Registration of Azimio Nullified

Two voters in Mombasa have challenged the registration of the Azimio la Umoja One Kenya Coalition Party.

Kelvin Omondi and Fatuma Saidi argue that the party’s founding Deed Agreement (coalition agreement) is void.

They contend that it was entered in violation of the Political Parties Act (PPA) and the Act’s basic provisions for coalition agreements.

“The Deed Agreement is a nullity and void for violation of any law and norm under the Political Parties Act, nothing comes out of it,” the duo argued in their petition filed at the High Court in Mombasa.

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The Registrar of Political Parties, the Independent Electoral and Boundaries Commission (IEBC), and the Raila Odinga-led coalition party have all been listed as respondents.

The petitioners argue that the party is an illegal entity since its registration does not meet the statutory and constitutional requirements for political party registration.

They want the court to overturn the coalition agreement’s (Deed of Agreement) registration, as well as a Kenya Gazette notice notifying it and the party’s nomination, since it “violates” the Constitution and the PPA.

Omondi and Saidi claimed that if the party’s candidates are cleared to run in the August 9 elections or are elected, it will be a nullity, resulting in a constitutional crisis, weakening democracy and the rule of law.

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“The Deed of Agreement is inconsistent with various provisions of the Constitution as it seeks to curtail the freedom of association and political rights as enshrined under the Constitution thus infringing … the right of citizens to make political choices,” court documents read.

The petitioners believe that the coalition agreement was established in a secretive way, and that as registered voters, they are entitled to any information about it so that they can make an informed decision on their preferred candidates or coalition in the next elections.

They claim that members of constituent parties in the Azimio la Umoja One Kenya Coalition Party, as well as unsuspecting members of the public, are currently participating in, supporting, associating with, and funding the party that has been unconstitutionally registered, thus violating the Constitution, and will do so on August 9.

The petitioners claim that the Registrar of Political Parties approved the party’s registration and deposit of the agreement despite the fact that they did not follow the law.

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They claim that the IEBC is likely to spend and waste taxpayers money on preparations, clearing numerous candidates linked with the party, and producing ballot papers and other materials, all of which will be in violation of the law.

The petitioners also request a declaration declaring the March 12 coalition agreement null and void.

Justice John Mativo has ordered the petitioners to amend their petition to include all participants to the coalition agreement as interested parties.

He gave the duo three days to carry out the orders.

The judge noted that the coalition agreement was signed by several parties who were not enjoined in the lawsuit, based on the materials provided.

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“The parties are necessary to these proceedings because they may individually or collectively be affected by the outcome of the petition,” said the judge.

No court can intentionally issue an order that will affect a person who is not before it, said Justice Mativo.

The matter will be mentioned on May 25 for directions.

Azimio is made up of 26 parties including President Uhuru Kenyatta’s Jubilee.