PETITION FOR REMOVAL OF KENYA ELECTRAL COMMISSION- CALL FOR PROROGATION OF KENYA PARLIAMENT- ENACTMENT OF PUBLIC PARTICIPATION LAW-

PETITION FOR REMOVAL OF  CHAIRPERSON AND MEMBERS OF I.E.B.C COMMISSION AND CALL FOR PROROGATION OF PARLIAMENT- TO PAVE WAY FOR CREDIBLE BOUNDARY DELIMINATION AND REVIEW, ENACTMENT OF PUBLIC PARTICIPATION LAW- 

OUR Ref: TBA.

 

 

 1^st February 2022.

 

THE CLERK

NATIONAL ASSEMBLY

Parliament Buildings.

P.O. Box 41842-00100

Clerk's Chambers

Nairobi, Kenya.

 

PETITION FOR REMOVAL OF  CHAIRPERSON AND MEMBERS OF I.E.B.C COMMISSION AND CALL FOR PROROGATION OF PARLIAMENT- TO PAVE WAY FOR CREDIBLE BOUNDARY DELIMINATION AND REVIEW, ENACTMENT OF PUBLIC PARTICIPATION LAW- PATRICK KAMOTHO GITHINJI.

In reference to petition dated 12th September, 2018. REF.SEN./12/2/PETITIONS/No.96 (1)/2018 and in reference No. SEN./12/3/PETITIONS/No17/2019 dated 29^th March, 2019

 I, the undersigned, Citizen Republic of Kenya Patrick Kamotho Githinji ID. No 21686936. Co-President Bunge La Mwanainchi-Social Movement Director-East Africa Climate Change Network-NGO, a resident of Nairobi, Central Ward-Nairobi.

I , the signatory of this petition emphatically emphasises that preamble of our Constitution stipulates: We the people “Recognize the aspirations of all Kenyans for a government based on essential values of human rights, equality, freedom, democracy, social justice and rule of law.

DRAW the attention of the National Assembly

1. THAT article 3 (1) in defense of the Kenya Constitution, demands that each and every person has an obligation to respect, uphold and defend the Constitution.

(a)That the Constitution is committed to nurturing and protecting the well-being of communities and the nation of Kenya and gives recognition to the sovereignty of the people in very clear terms in article 1(1) (2) (3) and (4).

2. THAT objects of Devolution of government are to promote democratic and accountable exercise of power to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.

3. THAT Article 259(1) provides that the Constitution shall be interpreted in a manner that promotes its purpose, values and principles, advances the rule of law, human rights and fundamental freedoms in the Bill of Rights and permits development of the law and contributes to good governance.

4. THAT under Article 88 (4) (c) I.E.B.C (Independent Electoral Boundary Commission) is responsible for delimitation of constituencies and wards. That on 21^st August 2020 I Patrick Kamotho Githinji and Solomon Irungu did petitioned the Independent Electoral and Boundaries Commission to “Review and Delaminate of Boundaries  Namely Central Ward to Muthurwa Railway City Ward”

(a)That I.E.B.C through its Acting Commission Secretary/CEO Mr.Marjan Hussein Marjan, response dated 23^rd September 2020 reference: RBD/BM/8 Vol. II (26) did acknowledged and articulated to adhere to Article 89(2).

(b)That the acknowledged letter the commission indicated that “In addition, stakeholder’s engagement is an important process in the electoral boundary Review. The Commission will engage the stakeholders who will be given an opportunity to raise and discuss issues related to their respective areas”

PETITION FOR REMOVAL OF  CHAIRPERSON AND MEMBERS OF I.E.B.C COMMISSION AND CALL FOR PROROGATION OF PARLIAMENT- TO PAVE WAY FOR CREDIBLE BOUNDARY DELIMINATION AND REVIEW, ENACTMENT OF PUBLIC PARTICIPATION LAW - PATRICK KAMOTHO GITHINJI

(c)That the acknowledged signed letter state” The issues you have raised will therefore be considered among many others that that have been received by the commission when the electoral Boundary Review Process commences.

5. THAT Constitution establishes the Independent Electoral and Boundaries Commission which is mandated to conduct and manage elections and referenda and undertake boundaries delimitation.

 (a)According to the Fifth Schedule of the Act, I.E.B.C is mandated to ‘resolve all issues arising from the First Review relating to the delimitation of boundaries of constituencies and wards.

(b)That I.E.B.C commission failure to review and delaminates boundary as espoused on Article 89,(1)(2)(4)(5)(6)(7)(8)(9)(12)  amounts to violation  and threat to the constitution and its principle foundations.

6. THAT during 2008 Kenya National Dialogue and Reconciliation process reported that “In order to address the deep seated and long standing divisions within the Kenyan society the Kenya National Dialogue and Reconciliation mediated by His Excellency the late Kofi Annan prepared a statement of principles on long term issues and solutions which was signed on 23rd May 2008. Amongst them boundary review and effective participation of people in all social and economic spheres of life.

7. THAT the Krieglar Commission noted that, “The delimitation of boundaries in Kenya as established does not respect the basic principle of the equality of the vote. The differences are unacceptable in terms of international standards. The Kenyan Legal Framework does not establish, as is the accepted international practice, the maximum possible departure from the principle of equality of the vote.”

(a) THAT in line with the recommendations of the Krieglar Report, the first review report, “Delimitation of Constituencies and Recommendations on Local Authority Electoral Units and Administrative Boundaries form Districts and Other Units” (“the Ligale Report”) on 27th November 2010 which determined the names and details of the boundaries of the 290 constituencies. The IIBRC also published the names of the constituencies in the National Assembly Constituencies Order No. 2 of 2010.

(b) The Ligale Report was adopted by the National Assembly on 16 th December 2010 after the promulgation of the Constitution, Parliament deemed it necessary to make transitional arrangements for the completion of the IIBRC work. These transitional arrangements were contained in the Fifth Schedule to the IEBC Act.

8. THAT Supremacy of Constitution. Article 2. (1) The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government (5) the general rules of international law shall form part of the law of Kenya Article (6) any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

9. THAT Kenya is a signatory to the United Nations-17 Sustainable Development Goals and adheres to its principles of “Leave No One Behind” interconnected and anchored in our country blueprint for development Kenya Vision 2030.

10. THAT Failure to delaminate and review boundaries amount to contravention of the UN-17 SDGs, 169 targets and 230 indicators. The agenda addresses three critical issues: Eradication of Poverty, reducing inequalities and ensuring sustainability of the earth and its life support system.

(a)That holding the elections as its current set- up Kenya stand to violate and contravene almost all 17 SDG goals mainly Goal 1,4,5,8,10,16 and 17.

 

(b)That in light to realize Goal 5-Achieve gender equality and empower all women and girls that Kenya 12^th Parliament failed to enact law on gender equality.

 

(c)That there exists four Court Orders for Parliament to enact legislation required  to implement the two third gender rule in accordance to Article 27 (3) as read together with article 81(b) and 100 of the constitution ,which Parliament failed to ,refused and /or neglected to achieve.

 

(d) That the “Two -Thirds Gender Rule” is an acronym for the constitution imperative which prohibits any form of discrimination in the appointive and elective positions in our country on the basis of ones gender, grounded on the declaration in article 27(3) of the Constitution that "Women and men have the right to equal, treatment, including the right to equal opportunities in political, economic, cultural and social spheres"

 

11. THAT Task Force on Devolved Government (“TFDG”) whose purpose was to help the government think through the implementation of the devolution process and advise it on policy and legal framework for devolved government. The TFDG made a recommendation on legislation of meaningful engagement public participation. This coupled with Krieger Report indicating the need for registration of laws on citizen’s meaningful engagement in all spheres of social, economic and governance development.

 12. THAT I.E.B.C Press release dated  January 31^st ,2022 Subject status update on enhanced continuous voter registration Phase II exercise which began on 17th January end on 6^th February 2022,  targeting 4,480,706 Million new voters to achieve eligible 25 Million Kenyan represented in 1450 Count Assembly  Wards.

13. THAT Failure to delaminate and review boundaries will take another 8 (Eight) to 12 (Twelve) years. Causing massive under and over representation, marginalization of citizens.

 (a)That I.E.B.C has issued a circulars and press release publication of General Election Notice - 9 August 2022 and

(b)Gazette Notice CXXIV-No. 14 – General Election Notice - 9 August 2022.

14. THAT I.E.B.C Chairperson and its commission presiding the proposed August 9, 2022 Presidential and National elections will be eroding and contravening Article 89 (1). Article 89(5) specifically states that the “boundaries of each constituency shall be such that the number of inhabitants in the constituency is as nearly as possible equal to the population quota”. Article 89(5) (a) (b) (c) Article 89(6) (a) (b).  

 

 

PETITION FOR REMOVAL OF  CHAIRPERSON AND MEMBERS OF I.E.B.C COMMISSION AND CALL FOR PROROGATION OF PARLIAMENT- TO PAVE WAY FOR CREDIBLE BOUNDARY DELIMINATION AND REVIEW, ENACTMENT OF PUBLIC PARTICIPATION LAW - PATRICK KAMOTHO GITHINJI

15.That in reviewing constituencies and wards boundaries, the Commission is required to consult all interested parties and work towards progressively ensuring that the number of inhabitants in each constituency and ward is as nearly as possible equal to the population quota1.

 (a) That the need for formulation of Public Participation Bill 2016 and 2019 which is a money bill before senate and before National Assembly.

(b) That the currently instituted I.E.B.C Commission has spearheaded two-three National Presidential Elections (2012 and 2017 and repeat) and the outcomes of each exercise overwhelmingly indicating incompetence.

(c) That 90 % of National electoral process undertaken by the current I.E.B.C have ended up in court of law and verdicts indicating incompetence on I.E.B.C and its commission.

WHEREFORE, your humble petitioners prays that.

Invoking Role of Parliament- Article 94 (2) (3) (4)

To remedy the situation and give effects to the realization of the right guaranteed under constitution various articles, international treaties and directs the state to take legislative and other measures, including affirmative action’s programs and policies designed to redress any disadvantage suffered by individuals or groups discrimination.

Here confirm that efforts have been made to have the matter addressed by the I.E.B.C , and it failed to give satisfactory response.  That in opportune time we did made the best efforts to have the delimination and review of boundaries matters letter addressed to the Chairperson- I.E.B.C dated  21^st August 2020  which to date failed to elicit review and boundary delamination undertaken.

THAT, none of these issues raised in this Petition is pending in any court of Law, Constitutional or any other legal body.

1. Pray that Parliament through the Speaker extend its tenure (prorogation) for a period of 1-2 year to pave way for the removal from office the Chairperson and I.E.B.C commission and pave way for constituting afresh and credible membership.

2. Pray that the reconstituted I.E.B.C embark on realization of boundary review and commencement of holding free, fair and credible National and Presidential Elections  or Referendum.

3. Pray that within the period the National Assembly and Senate will legislate on meaningful engagement that is effective Public Participation Law in accordance to Task Force on Devolved Government recommendation.

4. Pray that within the prorogation period the Parliament will have ample time to legislate and institutionalize Two Third Gender Rule in all political and social sphere.

 

Dated this…1^ST ……day of……February……..2022.

 

PATRICK KAMOTHO GITHINJI.