Jubilee Alliance Party candidate Ferdinand Waititu with his lawyer Harrison Kinyanjui leaving Milimani law courts after High court cleared him from contesting for the Kabete parliamentary seat in Monday’s by-election on Tuesday,23 April 2015.
BY SAM ALFAN.
High Court has dismissed a petition seeking to bar Jubilee Alliance Party candidate Ferdinand Waititu from contesting for the Kabete parliamentary seat in Monday’s by-election.
High Court Judge George Odunga has ruled that only the Independent Electoral and Boundaries Commission (IEBC) has authority to bar or clear candidates to contest in polls.
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.
Waititu was nominated to run for the Kabete parliamentary seat in Monday’s by-elections on a JAP ticket after the seat fell vacant following the death of area MP George Muchai.
The ruling follows a dismissal made last month of another petition filed by two voters last seeking to bar Waititu from running in the forthcoming Kabete mini-polls on grounds of integrity.
Geoffrey Mwaki and Joseph Njuguna had gone to court to compel IEBC to bar the former Embakasi MP from contesting under the JAP ticket on grounds that he did not meet the required threshold as stipulated in Chapter 6 of the Constitution of Kenya on Integrity and Leadership.
Other contestants in the by-elections are George Mungai (an Independent candidate), Paul Kariuki (People’s Party of Kenya), Wilson Karanja (ODM), John Wamagata (Safina), Kavore Kariuki (Narc Kenya), Kiriro Wa Ngugi (DP), Newton Njenga (National Vision Party), Isaiah Ndirangu (PDU).