The High Court has upheld the constitutionality of Section 36(8) of the Elections Act, giving the Independent Electoral and Boundaries Commission (IEBC) a major victory in its handling of the 2022 County Assembly nominations. The court's decision, delivered by Justice Lawrence Mugambi, dismissed a petition filed by several groups challenging legality of the provision, affirming that the IEBC acted within its legal rights throughout the 2022 County Assembly nomination process. The petitioners included the Kenya Human Rights Commission (KHRC), the United Disabled Persons of Kenya (UDPK), and the Action Network for the Disabled.
They had contested the legality of Section 36(8), arguing that the gazetted list of nominees did not comply with the constitutional requirements for inclusive representation, particularly for marginalised groups such as women, youth, and persons with disabilities. They claimed the IEBC had failed to ensure political parties followed the law when submitting their nomination lists.
Justice Mugambi, however, found that Section 36(8) was properly enacted and aligned with the Constitution, affirming that the IEBC's role in publishing the nomination lists was in full compliance with the law. "The court finds no merit in the petitioners' claims that Section 36(8) is unconstitutional.
The provision was enacted in compliance with the Constitution, and the IEBC acted within its mandate by publishing the nomination lists," Justice Mugambi stated in his judgment. The judge stated that the section did not infringe upon constitutional principles, particularly regarding the representation of marginalized communities in the County Assemblies.
