Activists want Governors, legislators to obtaining 50 plus one vote to be declared winners
National
By
Daniel Chege
| Mar 03, 2026
Nakuru activists have moved to court seeking a declaration that Governors, Senators, MPs, and MCAs must attain 50 percent plus one vote in the General Elections to be declared winners.
Laban Omusundi, Basele Galgesa, and Benson Olwade want the same Principles used to declare President elect to be used for the four positions in their respective counties, sub-counties and wards.
In their petition before Judge Patricia Gichohi, the three have sued the Independent Electoral and Boundaries Commission (IEBC) and the Attorney General (AG).
They want the court to rule that no person should be declared elected to Parliament, Senate, Governor, or the County Assembly unless they secure 50 percent plus one of the votes cast.
“In the event no candidate attains that threshold, then a re-run must be conducted,” submit the three petitioners.
They have urged the court to issue an interim declaration that the exercise of sovereign authority must conform to principles of democratic legitimacy and majority endorsement.
They want the court to rule that the constitutional validity of being elected to the four positions is a substantial constitutional question requiring determination and interpretation.
“The court should issue a conservatory order suspending any ongoing or future elections relating to the four seats until the petition is determined,” they add.
Upon issuing the conservatory orders, the three have asked the court to refer the petition to Chief Justice Martha Koome for the empanelment of an uneven number of Judges to determine it.
The three depose that the IEBC and the AG are under constitutional obligation to justify the continued application of the plurality-based system in light of the sovereignty clause.
They note that the current system winners in the four seats to be declared as elected if they attain majority votes even with as little as 20 percent votes.
“This shows that the majority of voters in the specific counties or sub-counties rejected the elected leader. That is not democracy,” they argue.
According to the petitioner, if the President must obtain 50 percent plus one, all the leadership positions must follow suit, because democracy cannot be selective.
Omusundi, in his affidavit, stresses the sovereignty of the people under Article 1 of the Constitution and the democratic legitimacy of representatives elected under the current system.
He states that unless the court intervenes, the country risks proceeding into another electoral cycle under a framework that is constitutionally defective.
“An interpretation of the law must be done earlier, to provide legal certainty to the IEBC, political parties, and the electorate,” they aver.
They further maintain that the unclarified impugned system posed a risk of institutional disruption, post-election disputes, and avoidable constitutional crises.
According to the three, Governors, Senators, MPs, and MCAs exercise sovereign authority, including legislative, taxation, and executive powers, delegated by the people who elected them.
“The leaders are the lawmakers; they are involved in taxation and appropriation of public funds and have executive authority affecting health, agriculture, trade, infrastructure, and public administration,” they state.
They further submit that a representative of the people must have majority support as per the principles of democracy, equality, political participation, and the will of the people.
The court directed the petitioners to serve the petition on IEBC and AG within 14 days.
Judge Gichohi will give her directions on the petition on March 23.