Court faults IEBC for disqualifying candidate from Kiagu by-election

IEBC

An IEBC official arranges ballot boxes at a polling centre. 

Photo credit: File | Nation Media Group

The High Court in Nairobi on Thursday quashed a decision by the Independent Electoral and Boundaries Commission (IEBC) to disqualify Chama Cha Kazi candidate Milton Mwenda in a by-election in Kiagu ward, Meru County.

In a judgment issued by video link, Justice James Makau said IEBC violated the Elections Act. He revoked the decision of the IEBC’s Leadership and Integrity Vetting Committee to invalidate Mr Mwenda’s nomination.

Chama Cha Kazi and Mr Mwenda sued in the High Court after IEBC ruled in favour of a complaint filed by Mr Salesio Thuranira, the United Democratic Alliance (UDA) coordinator in South Imenti.

Mr Thuranira had challenged Mr Mwenda’s clearance alongside National Ordinary Peoples Empowerment Union candidate Nathan Gitonga, who has since withdrawn from the race.
The two were employees of the Meru County Assembly under the office of the late MCA Eunice Karegi.

Justice Makau, however, observed that Chama Cha Kazi and Mr Mwenda should have adhered to the law on nominations.

“IEBC should comply with the judgment and include the second petitioner’s name, name of party, party symbol and colours in the ballot paper,” the judge directed.

The court also threw out an application from Mr Thuranira’s IEBC lawyer Douglas Bargorett for a stay of the judgment pending an appeal.

Mr Ndegwa Njiru, for Chama Cha Kazi and Mr Mwenda, opposed the application for a stay, saying it would violate the intention of the judgment to uphold the bill of rights.

“The leave to appeal is not necessary since appealing is a right. The request for appeal is granted. This court finds that there is no merit to grant a stay of the judgment and it is rejected,” Justice Makau ruled.

On October 1, the court suspended the printing of ballot papers for the Kiagu ward by-election until the petition by Chama cha Kazi was determined.

Justice Anthony Mrima also directed the IEBC not to take any further steps in preparing for the by-election that was slated for October 14.

The by-election has attracted 10 other candidates, including Ms Scholastica Mwendwa (Party of Democratic Unity), Joseph Mwangi (Democratic Party), Patrick Kamanda (Chama cha Uzalendo), Philip Micheni (Peoples’ Party of Kenya) and Nabea Kinyua (Ford Kenya).

The others are Simon Kiambi (UDA), Samson Magambo (Jubilee), Richard Mwangi (Republican Liberty Party), Haron Kaburu (Maendeleo Chap Chap) and Douglas Bundi (Safina).