FREEKENYA DECISION TO WORK WITH INDEPENDENTS
When Members of Parliament passed the VAT bill back in 2018, it was a reminder yet again that elected officials in Kenya seldom work for the interest of Kenyans. The FreeKenya referendum was about making the Constitution a truly People’s Constitution. What we were proposing was to move the constitution higher, and closer to the people through Article 257 (3).
In 2021 December, through a series of engagements both online and offline to discuss the coming electoral year, FreeKenya reached resolutions as follows: –
#1. THAT, FreeKenya
Issues are people-centric issues that will rub the political elite the wrong way and will be de-campaigned by the political elite just as a similar bill was de-campaigned (Under Punguza Mzigo by Third way Alliance, before) .
#2. THAT, the current
Political elite will pursue a selfish agenda despite the people agenda and will manipulate its way to push their agenda and set aside the people’s agenda.
#3. THAT, the first
Democratic experience was people themselves speaking on their OWN behalf. And when it became unattainable to have the people get the space and tine to speak for themselves, they opted to nominate people to speak for them. That, this was adulterated by the move to have political parties nominate people who shall speak for THE political parties and not for the people. This means that they rarely speak for people, and generally speak for their party leaders. THAT, it is therefore true that independent candidature, where people directly elect their representative who DOES not report elsewhere but to them could indeed be the more ideal democratic experience in the Kenyan scenario.
#4. THAT, the people
Can be made to understand that they can foster the people’s agenda by voting wisely.
#5. THAT, the best scenario
For a people centric agenda would be where there is a majority of truly independent minded leaders in the legislatures.
#6. THAT, it is also
Evident that the only conceivable routes for alternative leadership from Youth, women and PWDs could be through independent candidatures as nominated leaderships have hugely failed the people’s agenda and the agenda of democracy.
#7. THAT, henceforth,
FreeKenya will work to unify, demystify and seek to elect as many independent minded majorities in as many legislatures as possible being the County Assemblies, the National Assembly and the Senat
#8. THAT, FreeKenya
Will therefore [pursue creation of all manner of partnerships, strategies, logistics and resources to ensure this pursuit is achieved, including nationwide civic education and civic campaign on the issue of independent candidature and its potential benefits to Kenyans.
Since, then FreeKenya has not only participated but led the independent candidature push for their rights and the opportunities that Kenyans would reap from directly being represented.
FreeKenya engaged with the electoral bodies on behalf of independents, including Office of the Registrar of Political Parties, The Independent Boundaries and Electoral Commission (IEBC), Civil Societies, Faith Based Organizations, local and international organizations.
On the 13th of April 2022, FreeKenya launched Petition E160 of 2022. On the 5th of July 2022, the High Court agreed with the Petitioners. FreeKenya reached out to the IEBC to discuss the effects of the Judgement, However, IEBC moved to the Court of Appeal, filed a notice of appeal and secured a stay of execution, through Case Number COACAPPL/E241/2022 in anticipation to an appeal.
This was the manner at which the Independent Candidates and Presidential Candidates were blocked from the ballot. IEBC however did not appeal and hence through the same case number COACAPPL//E241/2022 FreeKenya made an application under certification of urgency, to seek to have the Stay of Execution Vacated, an application that will be heard sometime this April 2024, and have the High Court Decision, reinstated.
