Kajiado Central Constituency resident Ntusero Naimaua Tiyie lawyer Kwame Nkrumah at Milimani law courts after he filed an urgent application seeking to stop the participation of Patrick Tutui who has been nominated by JAP in represent it in the coming by election.
BY SAM ALFAN.
The existence and legality of Jubilee Alliance Party (JAP) has bee challenged by a voter from Kajaido Central Constituency.
Mr Ntusero Naimaua Tiyie filed an urgent application seeking to stop the participation of Patrick Tutui who has been nominated by JAP in represent it in the coming by election.
He says that JAP is not political party in the eyes of the law, it’s not known as registered as provided for under Political Parties Act 2011 it can not purport to sponsor any candidate.
The voter’s lawyer Kwame Nkrumah told Justice Isaac Lenaola, that the process adopted by JAP and the Registrar of Political Parties to effect the name, office bearers, party symbol and physical address of Jubilee Alliance Party amounts to abuse of law.
This comes amid President Uhuru Kenyatta’s first visit to the area to campaign for JAP candidate Patrick Tutui.
Uhuru held a public rally at Namanga town and is set for another in Tutui’s home turf, Bissel.
Tutui will vie for the seat against ODM’s Elijah Memusi.
The lawyer told the court that the process was not compliance with the Political Parties Act 2011, saying that failing to recognize the existing law JAP can not hold itself as Political Party capable of nominating a candidate..
The voter seeks an order to halt JAP, Registrar of Political Parties and Independent Electoral and Boundary Commission from receiving of Tutui certificate of nomination to vie for by-election for Kajiado Central scheduled to take place on 16 March 2015.
He also wants the court to issue an orde4 barring the registrar of political parties from issuing JAP a provisional certificate of registrar which might facilitate it to act has political party.
The judge certified the application as urgent and the directed that the same be served upon JAP, IEBC and Registrar of Political parties and the matter be fixed for hearing inter parties on March 11.