A legal expert has warned that the zoning strategy being pushed by the Orange Democratic Movement (ODM) could face serious constitutional hurdles if formalised in coalition agreements.
Speaking in Nakuru on Thursday, lawyer Bernhard Kipkoech Ngetich cautioned that Kenya’s Constitution guarantees every citizen the right to join any political party and contest for any seat, making it risky for parties to enforce zoning through binding documents.
He explained that while parties are free to hold informal discussions and agree on strategies to boost their chances in elections, turning such arrangements into legal agreements could violate Article 38 of the Constitution, which protects political rights.
“The Constitution gives every Kenyan the freedom to belong to a party of their choice and vie for any seat anywhere in the country. Political parties must be careful not to undermine these rights,” he stated.
Ngetich emphasized that political formations should allow open competition among members, noting that multiple candidates within a coalition can actually strengthen a presidential bid by mobilising wider support.
The debate comes amid rising tensions between ODM and its rival, the United Democratic Alliance (UDA), over proposals to reserve certain electoral areas for specific coalition partners.
Some ODM leaders argue that zoning is necessary to protect their influence in Parliament and prevent dominance by coalition partners.
However, Ngetich warned that such arrangements could backfire and create more legal and political complications than expected.
On the broader opposition landscape, the lawyer observed that while the broad-based government appears settled on a presidential candidate, opposition groups remain divided, sending mixed signals that could weaken their momentum ahead of upcoming political contests.
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Politics