National Assembly Majority Leader Aden Duale, Kieni MP Kanini Kega addressing journalists outside at Milimani law courts.
BY SAM ALFAN.
High Court has allowed Jubilee Alliance Party and its candidate Patrick Tutui to contest in the Monday Kajiado Central by-election.
While refusing to state whether JAP is a duly registered party, Mr Justice Isaac Lenaola ruled that in a convenient balance between public and private interest, Mr Tutui should go ahead with the already scheduled arrangement for the poll.
“I decline to issue an order restraining the Registrar of Political Parties from issuing JAP a provisional or certificate of full registration or any other document that shall enable it to act as a party,” Justice Lenaola ruled.
Mr Ntusero Naimaua Tiyie, a voter, had asked the court to stop JAP candidate from running claiming that JAP is not a fully registered political party.
Mr Tiyie, the judge said, failed to explain why he had filed the suit seven days to the election date and how he stands to lose if the polls are held.
“Mr Tiyie would have still filed a case even after the elections had been held. The Kajiado constituents would suffer more prejudice if the polls are stopped considering the massive resources and time allocated to its preparation by the electoral body as well as campaigns for Mr Tutui,” he said.
Mr Tiyie through lawyer Harun Ndubi had sued JAP, its candidate, the Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC).
The judge defended the Registrar of Political Parties, saying since there is evidence that the change of Conservative Party’s name to JAP had already occurred, he could not stop issuance of a certificate to JAP.
“You cannot injuct what has been done, there is no reason that any other certificate is to be issued,” he said.
Mr Tutui was nominated on January 24 while the notice of intention of Conservatory Party to change and amend its particulars was published by the IEBC on January 9 and 12.
According to Mr Tiyie, the purported sponsorship of Mr Tutui by JAP and the eventual nomination by the electoral agency was illegal because it was also done before the 30-day period stipulated in the Political Parties’ Act.
On Wednesday, JAP, IEBC and the Registrar of Political parties dismissed claims that the party had breached the law when it made changes to its name, symbol and officials prior to the nomination of Mr Tutui.
The judge pointed out that there were key issues raised concerning the manner in which party officials were changed but said he would give his reasons next week.