Murang'a Governor Mwangi Wa Iria addresses the press at his Usawa Party headquarters in Nairobi on February 14, 2022. [Denish Ochieng, Standard]

Murang’a Governor Mr Mwangi Wa Iria’s party has moved to court over the rule to stop aspirants who miss tickets from moving to other parties.

Usawa Kwa Wote filed the case before the High Court, saying it is unfair to lock out aspirants who lost or may have been rigged out.

The party, in its case against Attorney General Kihara Kariuki and the Independent Electoral and Boundaries Commission (IEBC), says all Kenyans have a right to associate with any party.

It adds that Kenyans have a right to make political moves when their interests and beliefs are not catered for.

IEBC had last month stated that aspirants who are defeated in nominations should be barred from resigning from their parties.

Party nominations will be held on April 30.

Nominations for presidential candidates in political parties and those running independently will take place from May 29 to June 6.

“The nomination papers shall be delivered by the candidates to IEBC chairman Mr Wafula Chebukati between 8am and 4pm at a place designated by the commission,” the agency stated.

Presidential aspirants intending to run as independent candidates should not be members of any registered political party by May 2.

They are also required to submit their names and symbols on or before May 2. Consequently, the commission, in its memorandum on the Elections (Amendment) Bill, 2022 suggested an adjustment to the electoral timeliness to eliminate the 10-day window that allows party nomination losers to register as independent candidates. 

Usawa says the timelines floated by the IEBC deny aspirants equal protection of the law. It adds that each aspirant should be allowed to move and contest freely.

But the commission argued that the proposal is meant to ensure equality in the application of nomination timelines.