Nakuru activists move to court seeking 50%+1 vote thresholds for all elected leaders

A petition has been filed before the Nakuru high court seeking to have the candidates in an election attain more than half of the total votes cast before being declared winners.

The petition filed by Nakuru based activist Laban Omusundi alongside Basele Galgesa, and Benson Olwande, want the candidates in for elective positions that is the Governor Senate, MP and MCA attain a 50 percent plus one of the votes cast to win the election

According to them the current system is deeply flawed, allowing candidates to assume powerful public offices - including the authority to make laws, impose taxes, and control billions in public funds - having been endorsed by as little as 22 percent of voters.

In their view, this amounts to systemic minority rule that directly contradicts the will of the majority of Kenyans who turn up to vote arguing that leaders should exercise power with majority support, not just the highest number of votes in a fragmented race.

The petition, dated February 17 2026, states that under the prevailing First-Past-The-Post system, candidates may be declared elected with minority support, in some instances as low as 22–35 percent of votes cast, adding that such minority mandates are inconsistent with the constitutional principles of democracy, equality, political participation and accurate reflection of the will of the people under Articles 10, 27, 38 and 81.

The Constitution requires the President to win with 50%+1 of votes, yet Governors and legislators (MPs, Senators, MCAs) face no such majority threshold despite exercising comparable sovereign powers like making laws, levying taxes, and controlling public funds.

Petitioner Benson Olwande says the petition is simply asking the court to examine whether the current electoral system is consistent with the constitution, particularly the principle that sovereign power belongs to the people.

He notes that while the President must win 50 plus one under Article 138, other equally powerful offices carry no such majority requirement, a contradiction he opines is fundamentally unjust.

The petitioners are now asking the court to issue several far-reaching orders. They seek a declaration that the FPTP system is unconstitutional to the extent that it permits minority rule in senatorial, parliamentary, county assembly, and gubernatorial elections.

They further want the court to declare that the term ‘elected’ must be interpreted to mean securing 50% plus one of all votes cast, and to order re-runs in any elective seat where no candidate achieves that threshold.

The matter is set for directions at the High Court in Nakuru on 23rd March 2026.