A friend recently commented on and listed the names of prominent personalities who had been nominated by their political parties as nominated senators and members of parliament. His post read as follows:
"For the love of my beloved country...
The constitution clearly states that the nomination slots to the National assembly, the senate and the county assembly should be a reserve of the special interest groups - People with disabilities, youth, ethnic minorities and the marginalized. Looking at some of the names presented by the political parties for the same, one asks what interests do the following people represent? Beth Mugo (Uhuru's cousin), Sakaja (TNA chair), Dr. Oburu (Raila's brother), Mudavadi (UDF presidential candidate), Kioni (UDF running mate), Bishop Wajiru (ODM Senator candidate), Janet Ong'era (ODM executive director), Dr. Sally Kosgei (ODM parliamentary candidate), Violet Chesang (Ruto's sister in law), Leah Naikanae (Ole Kaparo's daughter). This is at the very best political fraud and impunity and at the very worst political pornography!!!!!!! I say again these politicians don't have us in mind and we continue to help them ascend to power so that they can help their kin and kith. We hope the IEBC will crack the whip on these rogue, voracious and rapacious politicians.#Unless we rescue ourselves from this kind of political manipulation , they will never SET US FREE!!# - Kariuki Apollo
Indeed it is true that the nominations reek of selfishness, persons who had been floored in party nominations still soldier on as legislators ironically representing the very electorate who rejected them! Anyang Nyong'o one of the persons who has become quite unpopular in recent years due to is apparent obstinacy when dealing with matters of public interest opined here that the country should not be subjected to two electoral processes. He even gave comparatives of nations that saw no value in such a process. His opinion got quite a concoction of reactions as expected!
Having in mind what the law on party nominations is currently, I responded to my friend above as follows:
"Well from a legal point of view, the list under Article 97(1) (c) is not exhaustive. That leaves room for the parties to determine what to them a special interest is. In addition, in the HC case RE: Michel Kigen, Hassan Omar & Others vs. IEBC, AG & Others ((Petition 268 of 2012), Majanja J held that special interests groups are not limited to those listed but can be defined as special by the political parties that nominate them. HAVING SAID THAT HOWEVER, I strongly believe that the writers of the constitution did envisage a situation where persons running for top posts who lost these posts would be sent into political oblivion... but then these writers failed to make this provision airtight. I hope that even as these fellows get nominations, this isn't done at the expense of the listed minority and marginalised groups. MY TAKE_
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