Former Embakasi MP Ferdinand Waititu celebrates with supporters after winning JAP ticket to contest in Kabete by elections.
BY SAM ALFAN.
The Independent Boundaries and Electoral Commission’s dispute resolution committee has allowed Ferdinand Waititu to contest the Kabete Constituency seat.
Two Kabete constituents want former Embakasi MP Ferdinand Waititu’s candidature for the Kabete by-election blocked.
Stephen Charles Maina and Naomi Wambui Kamau have requested the election dispute resolution committee of the Independent Electoral and Boundaries Commission (IEBC) to reject Mr Waititu’s candidature on grounds that he lacks moral authority to hold public office.
“It is therefore our finding in the premises that the complaint as presently lodged before the committee is premature, speculative and lacking it merit. The committee hereby declines to grant orders sought in toto and dismisses the complaints” stated the ruling.
Through lawyer Haron Ndubi, the two claimed that the nomination of Mr Waititu by the Jubilee Alliance was improper for the reason that he is notoriously known in the country as a habitual law breaker who violates the provisions of Chapter Six of the Constitution, which advocates for integrity among public office holders.
“Mr Waititu is known to have publicly incited a section of the public against members of the Maasai community residing in Kayole, Nairobi.
“The incitement happened when he was the serving Embakasi MP within whose jurisdiction Kayole fell,” explained Mr Ndubi.
He added that Mr Waititu is known to have publicly assaulted members of the public by hurling stones and other crude weapons against them, with a view to injuring them.
Mr Maina and Ms Wambui said through their lawyer that Mr Waititu has too many unresolved issues concerning his integrity and conduct, hence would not qualify for appointment, nomination or election to public office upon due diligence examination by a public entity including the Jubilee Alliance Party (JAP).
They said Mr Waititu has acted with impunity, contrary to the expectations of the Constitution and the Public Officer Ethics Act, The Political Parties Act, the Elections Act and the Penal Code.
The two have initiated the complaint before the IEBC election dispute resolution committee High court has directed two voters who want the nomination of Ferdinand Waititu nullified to seek their grievances at Independent Boundaries and Electoral Commission’s dispute resolution committee.
Justice Isaac Lenaola, said the petitioners Mr Godfrey Mwaki and Joseph Njuguna should consider to withdraw their application as the court lack jurisdiction to hear the matter.
The judge declined to issue orders sought in the notice of motion, saying the court may not entertain the application.
“This matter that can handled by IBEC dispute resolution committee and not the court” he said.
Waititu’s lawyer Harrison Kinyanjui, told the judge that the petition is defective and the same should be struck out
Kinyanjui said that this is not good petition, the court should order for its dismissal
The two sought the court IBEC barred from issuing Waititu with a certificate to vie in the may 4 by-election, pending the hea5ring determination of the petition
They argue that the electorate in Kabete constituency stands to suffer poor representation in the National Assembly due to lack of moral integrity characterized by violent conduct of the JAP nominee.
Justice Lenaola directed that the matter be mentioned on March 25 to confirm compliance of the direction of the court.
Waititu won the JAP nomination after garnering 14,696 votes against his closet rival, former State house official Samuel Mburu, who got 2,334 votes.