Gutundu member of parliament Moses Kuria with Ferdinand Waititu’s candidature for Kabete by elections who his candidature hangs on high court decision at Milimani law courts..
BY SAM ALFAN.
Ferdinand Waititu’s candidature for Kabete by elections hangs on the a decision to made by the court.
Justice George Odunga said that he make’s decision after hearing an objection raised by Waititu over the petition seeking his disqualification in the by election.
The judge urged parties in the case to ensure they have filed their submission in regards to preliminary objection by Waititu and Jubilee Party against the petition.
The court fixed the hearing of the petition on Friday 24.A businessman moved to court seeking orders to block Jubilee Party candidate Mr Waititu from participating in Kabete constituency by-election scheduled for May 4.
The applicant Benson Riitho Mureithi claims that Waititu lacks integrity to vie for the parliamentary seat as it has been held by the court in another case.
He says that a complaint was made to the Jubilee Party and the independent electoral and boundaries commission over the integrity and suitability of Waititu to run for the seat.
Mr Riitho argues that the compliant notwithstanding the returning officer has proceeded to issue the Jubilee candidate with clearing certificate to contrary.
He says that the action will make him suffer grossly and his constitutional right to secure, uphold and defend the statues shall be tremendously prejudiced if the court does not intervene.
He seeks an order to stop the by-election pending the hearing and determination of the petition.
The petitioner further has sought the court to order that the name of Waititu be excluded from the ballot box.
The respondent IBEC is bound by the constitution to perform its functions in accordance with the law and legislations.
Article 99 of the constitution provides that a a person is disqualified from being elected as a member of parliament if the person is found by law to have misused or abused a state office or contravened chapter 6 of the constitution.
Mr Riitho further says that the court having held that Waititu has integrity issues IBEC can not purport to clear him to view for a parliamentary seat.