Appeals court upholds Wanjigi’s exclusion from presidential race

Businessman Jimi Wanjigi’s bid to vie for the presidency in the August 9 polls has hit a snag after the Court of Appeal upheld his disqualification from the contest.

The appellate judges dismissed Mr Wanjigi’s appeal and upheld a decision of the High Court to dismiss his case that sought to quash the decision by the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati to eliminate him from the polls.

Justices Asike Makhandia, Kathurima M’Inoti and Hellen Omondi rendered the decision Tuesday evening after hearing the appeal in the morning.

But the judges did not reveal the reasons for their decision to dismiss the appeal, saying they will give the main judgment on July 29, 2022.

“We order that this appeal be and is hereby dismissed with costs to the respondents (Mr Chebukati, IEBC and IEBC disputes resolution committee). We shall render the reasons for our Judgment on July 29, 2022,” said the judges.

They said they heard the appeal on expedited basis because the printing of ballot papers for the presidential election is scheduled to begin on July 15, 2022. In addition, the judges said, the date for the election is strict, set expressly by Article 136(2) (a) of the Constitution.

In the appeal, Mr Wanjigi wanted the appellate court to overturn the decision of High Court judge Jairus Ngaah to dismiss his case against the IEBC disputes resolution committee.

He moved to court after the committee upheld Mr Chebukati’s refusal to register him as a presidential candidate.

He told the appellate court that the High Court judge erred in failing to find the decision of the IEBC chairman was unreasonable and irrational. He was represented by lawyers Omwanza Ombati and Willis Otieno.