Independent candidates have suffered a blow after the High Court declined to issue orders allowing them to form a coalition ahead of the upcoming General Election
Justice Anthony Mrima ruled that there will be a constitutional crisis if orders sought are granted, adding that the petitioners will not suffer any prejudice.
While admitting that the case raises matters that have to be addressed, the court noted that the electoral process will be held in limbo and IEBC will not be able to carry out a free and fair election.
“It’s the duty of the court to avoid a constitutional crisis, in this matter public interest tilts in favour of the respondents,” the court noted.
In the case, a group of independent candidates – Free Kenya initiative – petitioned the High Court to allow them to form a coalition ahead of the August 9 General Election.
The candidates wanted the court to declare sections of the General Elections Regulations that bar independent candidates from forming coalitions as unconstitutional