High Court in Nakuru Addresses Early Political Campaigns

The High Court in Nakuru, tackled the issue of political campaigns conducted outside the official election period in Constitutional Petition No. E009 of 2022. The Legal Advice Centre, known as Kituo Cha Sheria, filed the case, arguing that early campaigns by political aspirants and parties violated several constitutional rights. The court examined claims that such activities undermined equality, the right to life, freedom from violence, and fair elections, as protected under Kenya’s 2010 Constitution and the African Charter on Human and Peoples’ Rights.

The petitioner highlighted that early campaigns, occurring before the Independent Electoral and Boundaries Commission (IEBC) set the official campaign period from May 29 to August 6, 2022, disrupted public services and economic stability. Evidence included media reports and a 2021 IEBC press release noting premature campaigning. The petitioner argued that these activities caused unequal treatment among candidates, heightened risks of violence, and strained economic development by creating prolonged political tension, citing incidents like the attack on Hon. Esther Passaris’s convoy in March 2022.

The IEBC, the Director of Public Prosecutions, the Registrar of Political Parties, the Attorney General, and the Inspector General of Police, along with several political parties, responded to the petition. The IEBC maintained it lacked authority to act outside the election period, pointing to the roles of other respondents in handling violations. The court found that no specific law governs early campaigns, limiting the IEBC’s mandate. However, it recognized that such campaigns could infringe on constitutional rights, including equality and freedom from violence, due to unfair advantages and heightened tensions.

The court declared that early political campaigns violate constitutional principles like equality, the right to life, and fair elections. It directed the Attorney General to propose legislation within 12 months to regulate campaigns outside the election period, aiming to close this legal gap. While declining other requested remedies, such as candidate deregistration, the ruling emphasized the need for clear laws to ensure fair and orderly electoral processes, balancing political freedoms with public interest. Each party was ordered to bear its own costs, reflecting the case’s public interest nature.

Thank you for reading this case digest. If this analysis resonated with you, please like, share, and comment to contribute to the conversation on safeguarding democratic principles in Kenya.