High Court rules early political campaigns illegal

The High Court has ruled that carrying out political campaigns outside the election period violates fundamental rights as enshrined in the Constitution.

The three-judge bench — Hedwig Ong’udi, Patricia Gichohi and Heston Nyaga — on Tuesday issued a landmark ruling taming the now infamous roadside rallies being undertaken by the political class.

In their ruling, the judges say carrying out political campaigns outside the election period violates the right to equality and equal protection of the law, the right to life, freedom from violence, the principle of impartiality, the right to development, the principle of the rule of law, and free and fair elections.

The petitioners told the court that incessant campaigns conducted outside the election period interfere with citizens’ rights, citing destruction of property during the campaigns and “meet the people” tours conducted in recent days.

Among the rights affected, the petitioners told the court, are the right to equality and equal protection of the law, the right to life, freedom from violence, the principle of impartiality, the right to development, the rule of law, and the right to free and fair elections.

According to court papers, when candidates campaign ahead of the official campaign period, they gain an unfair advantage through access to media or public platforms over candidates who abide by the law.

The petitioners argue that the early campaigns are not only the greatest form of impunity but also result in clashes between rival supporters, intimidation of opponents and voters, and a breeding ground for hate speech and incitement.

The three-judge bench, in agreement, has directed the Attorney General to take the necessary steps, within twelve months, to enact a law governing political campaigns conducted outside the election period and ensure the law brings order, fairness, and legal clarity to the political landscape.