High Court Outlaws Endless Political Campaigns, Orders New Law Within a Year
The High Court has ruled that political campaigns outside the official election period violate constitutional rights in a major shift in Kenya’s political landscape.
In a unanimous decision on Tuesday by a three-judge bench comprising Justices Hedwig Ong’udi, Patricia Gichohi and Heston Nyaga, the court found that off-season political activities infringe on several fundamental rights including equality before the law, freedom from violence and the right to free and fair elections.
The case was brought before the court by petitioners who argued that the continuous campaigns – often in the form of roadside rallies and “meet the people” tours – disrupt public order and create unfair political advantages.
They cited repeated instances of property destruction and public unrest associated with such rallies which they claimed create an environment of intimidation, incitement and hate speech.
According to the ruling, the lack of a legal framework regulating off-season campaigns undermines the principle of the rule of law and impartiality in the electoral process. “Engaging in political campaigns outside the prescribed election period gives undue advantage to certain candidates especially through disproportionate access to media and public platforms,” the court noted.
The judges directed the Attorney General to come up with and present legislation within 12 months to regulate political campaigns conducted outside the election window. The proposed law is expected to bring order, fairness and clarity to political activities between elections.
Legal experts see the ruling as a major step towards institutional reform and a more level playing field. The directive sets in motion a legislative process that will shape how politics will be played in Kenya going forward.
The Attorney General’s office is now required to initiate consultations and draft the necessary legal provisions to implement the court’s orders. Updates on the proposed law will be forthcoming in the next few months.
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High Court Outlaws Endless Political Campaigns, Orders New Law Within a Year