Slain Kabete Member of Parliament George Muchai.
BY SAM ALFAN.
Former state house official Wilson Mburu through his lawyer Paul Nyamodi has moved to court seeking to block the Kabete Constituency by- election sets for May 4 after the death of the late Member of Parliament George Mukuru Muchai.
The Independent Electoral and Boundaries Commission (IEBC) has set May 4 as the day Kabete constituents will go to the polls following the death of their MP George Muchai recently.
However justice Lenaola declined to stop the by- election process but directed Wilson Mburu through lawyer Paul Nyamodi to serve his suit papers on the IEBC and appear in court for hearing tomorrow.
Mburu intends to vie for the Kabate parliamentary seat on a Jubilee Alliance Party ticket following the demise of George Mukuru Muchai on February 7.
Among the candidates expected to vie for the seat but have not yet formally declared interest include former Kikuyu MP Lewis Nguyai, business lady Wanjiku Kinuthia Makumi and James Wanjohi (alias Kaana Funny) who vied for the seat in the last election but lost to Muchai.
In a statement, the commission told parties to hold their party primaries before March 19 while independent candidates have been given up to March 16 to submit their symbols.
Mburu is aggrieved by Section 43(5) of the Constitution which requires a state or public officer to resign six months prior the election date.
According to the aggrieved party, he satisfies all the qualifications as required under Article 99 of the Constitution to be eligible to contest in the election.
The petitioner is unconscionably prevented by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution.
Muchai who has previously worked at the national treasury department will be seeking to contest by first seeking nomination on March 19
He resigned from employment in the public service on February 9 and wants the by- election put on hold until the court determines his application.
Mburu says he is likely to be disadvantaged as the petition may not have been determined by the said date.
He says unless the High Court intervenes and grants the orders sought, the petition will be rendered nugatory and his right to contest the election safeguarded under Article 38 of the Constitution will have been infringed.
“Am seeking conservatory orders staying the process of the by- election of Kabete Constituency Member of Parliament pending determination of the petition, ’he states.
The petitioner contends that a public servant is precluded from contesting for the by-election in view of section 43(5) of the elections act 2011.
The petitioner says he is desirous of exercising his political right by contesting in the by election.
High Court has certified as urgent a case by a former State House official seeking to stop the Kabete Constituency by- election slated for May 4.