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.
1st
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 29th 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 21st
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 23rd 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 12th 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 31st ,2022 Subject status
update on enhanced continuous voter registration Phase II exercise which began
on 17th January end on 6th 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 21st 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…1ST ……day of……February……..2022.
PATRICK KAMOTHO GITHINJI.
To get hard copy of the same ,stamped by National Assembly Clerk email: eastafricaclimate@gmail.com
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