Nairobi women representative Rachael shebesh with Embattled mathare member of parliament George Wanjohi leaving supreme court on Friday supreme court judges ordered by election in mathare.
By SAM ALFAN
Supreme Court orders for a by election in Mathare after it nullifies the Election of George Wanjohi saying that the Certificate that was issued to him was in clear disregard of Election Act.
He had moved to the to challenge a ruling by the Court of Appeal which nullified his election.
He was declared winner by IEBC soon after ODM’S Stephen Kariuki had been declared Member of Parliament for Mathare IEBC gave to certificates for Mathare MP Seat and later revoked certificate it
gave to Kariuki.
Supreme Court judges criticized the IEBC for undermining democracy and ordered it to compensate Mr. Stephen Kariuki who had initially been declared the winner in the March 4 polls before an election official recalled his certificate and issued it instead to his opponent.
Six judges led by the deputy president of the Supreme Court Lady Justice Kalpana Rawal upheld the ruling of the Court of Appeal that had declared Mr Wanjohi’s win invalid.
The judges said IEBC committed a mistake by recalling and cancelling Mr Kariuki’s certificate. They added that IEBC’s mandate ceased with the announcement of the results and the handing over of the certificate and in case a dispute arose it should have been ironed out in court.
“The recall of the certificate which was issued with accompanying publicity and in the glare of voters only served to undermine the legitimacy of the electoral process in the eyes of the voters and was contrary to the law,” Justice Jackton Ojwang’ said.
They said it was difficult to know who won and annulled both certificates that were issued to the two politicians.
The judges said they would not uphold Mr Wanjohi’s win as “the court should not be seen as to substitute MPs without giving the electorate a chance to decide who they want to be their leader to be…to do so would undermine democracy and the constitution.”
“There was a clear violation of the law akin to repressive action when a returning officer who had no power to recall the certificate issued to Mr Kariuki cancelled it on grounds that it had been issued in error.”Justice Njoki Ndung’u said
The judge said it was expected that the IEBC would conduct polls with accuracy and fairness and not arrogate itself roles that it did not have.
She said it would have been prudent that the commission conducted a recount in the presence of the electorate before issuing a new certificate.
The judges said the returning officer had no mandate to recall the certificate as he became irrelevant the moment the results were announced.
A by election had is set for June 3 if there will be no changes for extension of election date by electoral body. Lawyer Nelson Havi said his client has been lady for a by election.