ACT-Wazalendo has rejected a directive from the Independent National Electoral Commission (INEC) instructing its presidential candidate, Luhaga Joelson Mpina, not to return his nomination forms, calling the move unconstitutional and a threat to democracy.
In a statement issued on August 26, the party expressed deep concern over NEC’s letter, which referenced a communication from the Registrar of Political Parties purporting to nullify Mpina’s candidacy.
“The decision is not only irregular but undermines the independence and credibility of the Commission,”he added.
ACT-Wazalendo cited provisions of the 1977 Constitution, specifically Articles 74(7) and 74(11), which stipulate that INEC must remain independent and not act on instructions from any authority, including government departments or political parties.
According to the party, Mpina was lawfully issued with nomination forms on August 15 after meeting all legal requirements, including securing the necessary endorsements.
The party argues that the law does not permit INEC to bar a candidate from submitting forms once they have been issued, except through an objection process outlined under Sections 36 and 37 of the Presidential, Parliamentary and Councillors Elections Act and Regulation 22 of the 2025 Electoral Regulations.
“It is unlawful for the Commission to act on a mere copy of a letter from the Registrar. If the Registrar had objections, they should have been raised on the official nomination day so that the candidate could respond,” ACT-Wazalendo said.
The party warned that if the directive is upheld, it would damage public trust in NEC and set a dangerous precedent for external interference in electoral processes.
ACT-Wazalendo has called on INEC to revoke its August 26 letter and allow Mpina to return his nomination forms as scheduled.
The party also urged the Registrar to submit any objections during the official objection hearing, saying this would uphold principles of fairness, justice, and democracy.