It was discovered that the registrar of political parties engaged in grievous violations of the law to universal suffrage when they registered all Kenyans holding Identity cards to political parties without consent. The violation does require someone to pay for the abuse of data. Though the political parties act is vague, but the registrar herself is not protected.
I am driven to follow through and file a law suit against her as an individual under the data act for the following reasons.
The right to suffrage states
(1) Every citizen is free to make political choices, which includes the right–
(a) to form, or participate in forming, a political party;
(b) to participate in the activities of, or recruit members for, a political party; or
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for–
(a) any elective public body or office established under this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions, —
(a) to be registered as a voter;
(b) to vote by secret ballot in any election or referendum; and
(c) to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.
- TRIBAL PROFILING
The registration of political parties did not make any inquiry to the political interests, lining or perspectives of any Kenyans before taking this action. Kenyans were bundled in to parties based on what tribe the registrar felt they belonged to and did not seek their consent. Should ethnic cleansing ever take place then the registrar is squarely to blame for this action as no Kenyan voluntarily allowed themselves to be registered or presented themselves to these parties to be registered. I am personally holding her responsible for any party that get targeted should the 2022 elections go south.
I quote the right to political suffrage that states the law allows “b ) to vote by secret ballot in any election or referendum; and”
By forcing people into parties based on name and perceived origin the registrar has effectively undermined the right to free and fair elections. She has stated unequivocally that you can only vote for your tribemate and should they be targeted for fall out during the election, then we are not safe.
- FALSE PRETENCE
The data used for this registration was clearly falsified. As things stand, I am not a registered voter in the nation of Kenya. Secondly, I was not present in the nation of Kenya as documentary evidence will show during the years of 2016 and 2017. I have never met interacted or presented my information to the registrar of political parties or expressed interest in any political parties. By forcefully placing me in a political party in a nation prone to tribal violence, she is clearly stating that some people ought to be targeted for their names and place of birth should violence break out in 2022.
- THE RIGHT TO POLITICAL SUFFRAGE
The freedom to pick a party and a political party also allows for the freedom to abstain from picking either and further abstain from being a registered voter. A right that the registrar has violated with absolute impunity. What happens when a citizen has no option to pick among the candidates competing in an election?
This is a key area for which a lawsuit against her person can be acted upon. The rights and freedoms of every citizen registered against their will was violated.
Furthermore, having allowed this violation to take place also denied citizens the right to pick a party endangered those in areas where certain parties are not popular.
- FAILURE TO INFORM
The political parties act states that all members must be informed of their registration to a party before any registration is done. It is the mandate of the registrar to ensure all members of the party are contacted before any documentation is finalized. As we are all aware, no communication was sent to seek your approval to join a party or consider your view on the same. To resolve this, the registrar should allow for affected individuals to resign from the parties via email
Below is a petition to sue Ms. Anne Njeri Nderitu for the abuse of data, tribal profiling and endangering the life of citizens by going about the registration in an unlawful manner.
Read this to understand suffrage https://www.klrc.go.ke/index.php/constitution-of-kenya/112-chapter-four-the-bill-of-rights/part-2-rights-and-fundament
Read this to understand political parties act https://www.orpp.or.ke/images/RESOURCECENTER/political%20parties%20manual/The%20Political%20Parties.pdf
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