
Justice Scales and books and wooden gavel

In a groundbreaking ruling by the High Court, the three-judge bench comprising of Hedwig Ong’udi, Patricia Gichohi, and Heston Nyaga has put a stop to the chaotic roadside rallies that have become a staple of political campaigns outside the official election period.
The judges made it clear that carrying out political campaigns outside the designated time violates fundamental rights as enshrined in the Constitution.The ruling highlighted the infringement on various rights including 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.

It’s no surprise that the petitioners argued that these early campaigns disrupt citizens’ rights, leading to property destruction, clashes between rival supporters, intimidation of opponents and voters, and the spread of hate speech and incitement.One of the key points raised in the court papers was the unfair advantage gained by candidates who campaign outside the official period.
This advantage stems from increased access to media and public platforms, putting them ahead of candidates who follow the rules. The judges agreed that these early campaigns not only perpetuate impunity but also create a breeding ground for chaos and division in the political landscape.
To bring order and fairness to the political arena, the three-judge bench has directed the Attorney General to enact a law within twelve months that governs political campaigns conducted outside the election period. This move aims to ensure legal clarity, fairness, and adherence to the rule of law in the political sphere.

With this landmark ruling, the High Court has taken a significant step towards upholding the rights of citizens and promoting a more transparent and equitable political process. It’s a reminder that the rule of law must be respected, and political campaigns should be conducted within the bounds of legality and fairness.