The High Court has rejected a plea by eight Kenyans to have general elections suspended for at least 20 years and the country run by a council of 'responsible Kenyans.'

The petitioners had sought to get rid of politicians, claiming they were the source of runaway corruption, negative ethnicity, inequality and election chaos.

However, Justice William Musyoka dismissed the case filed against the Attorney General, the Office of the President and Registrar of Political Parties as being too general and vague.

Grounds for dismissal

“After going through the application, and the submissions of the petitioners, one cannot help but notice the generalities in the petitioners’ case. The petitioners allege a wide range of issues, with no specificity and particulars to those allegations,” Justice Musyoka ruled.

Tired of runaway corruption, endless political party wars, partisan politics and chaotic general elections, Isaack Muthoka, Stephen Atenya, Wycliff Mboya, Wycliff Shikuku, George Ayole, John Matikho, Morries Etemesi and Mildred Ayako sought the court’s intervention, saying the country was sinking under the watch of rogue politicians.

“The politics of this nation and the crop of politicians it nurtures are inimical to nation-building and the cause of major ills afflicting Kenyan. The usual politics of government and opposition seesaw, usual self-serving politicking and general elections should be suspended for at least 20 years,” the petitioners implored the judge.

The eight sought court orders that after 20 years under the council rule, the presidency and county leadership should be held in turns, with the top leaders coming from different regions.

“This will promote inclusive nation building, equitable resource allocation, development, justice and peace,” the judge heard.

The petitioners had argued that a national government should involve a coalition with the winner of an election taking 50 per cent of the government positions while the main opposition party and minority parties share the other half at a ratio of 40 per cent and 10 per cent.

To heal the wounds of those either maimed or whose kin are killed in the past elections, the petitioners asked the court to order compensation of Sh2 million per victim.

To tame chaotic politics, they implored the court to find that a politician who incites the public should summarily be fined Sh20 million, which is to be paid to victims of the political violence resulting from such or be jailed for five years.

They also wanted the court to bar the media from covering National Assembly proceedings until such a time Members of Parliament 'behaved honourably.'

AG apposes case

The AG opposed the petition, saying the petitioners did not support their claims with evidence. According to the AG, the eight could not explain which of their rights had been infringed. He added that elections involved a political process, and which courts could not intervene in.

Justice Ngugi agreed with the AG.

“There are no facts or evidence to support the allegations leveled against the respondents, and I refuse to accept the petitioners’ invitation to take judicial notice of all of the issues raised and to relax the rule of evidence that required them to lay evidential facts before the court. In all fairness, I do not see how the respondents can respond to any of the allegations,” he ruled.