Court halts Kamukunji by-election

The High Court has stopped the Kamukunji by-election set for Monday.

Justice Daniel Musinga ruled in favour of the petitioner, Paul Waweru Mwangi, who had intended to vie on a National Vision Party ticket.

Mr Mwangi argued that the Returning Officer, Masindet Joseph Leboo, declined to accept his nomination papers without giving a reason as required by law.

He told the court that by so doing, the electoral officer had infringed on his constitutional right.

According to his lawyer, Kibe Mungai, the returning officer should have recorded the reason for declining his papers and signed the documents.

Mr Mwangi said the Constitution grants him a right to present himself as a candidate in a by-election or any other election.

Justice Musinga ruled that although the Interim Electoral Independent Commission (IIEC) had made a lot of effort to conduct the poll, the court has a duty to protect the rights of a citizen.

He ordered that the Kamukunji by-election be stopped until the case is heard and determined.

Aggressive Campaigns

The ruling comes as an unwelcome distraction to the other contenders who had embarked on aggressive campaigns.

The Orange Democratic Movement (ODM) party's Ibrahim Ahmed, the Party of National Unity (PNU) Alliance's candidate Yusuf Hassan, Brian Weke (Narc-Kenya),Catherine Muthoni (Grand National Union), James Matagaro (Kenya Social Congress), David Waihiga (Agano) and Daniel Omao (Ford People) have mounted a serious effort to woo voters, including marshalling their respective party bigwigs and conducting door-to-door campaigns.

Mr Ahmed had managed to invite ODM party leader Raila Odinga, his deputy Musalia Mudavadi, ministers James Orengo, Charity Ngilu, Franklin Bett, Anyang Nyong’o, Fred Gumo, Joe Nyagah and Mohamed Elmi to rally voters in his favour.

The PNU Alliance led by Vice-President Kalonzo Musyoka, Uhuru Kenyatta, Kiraitu Murungi, George Saitoti, Beth Mugo and Acting co-government chief whip Johnstone Muthama had also pitched tent in Kamukunji on Mr Hassan's behalf.

In a swift rejoinder, ODM expressed "shock and disbelief at the last minute decision by the High Court to stop the highly anticipated Kamukunji By-election".

An emailed statement from the party's Executive Director Janet Ong’era claimed the court was being used to rob it of victory.

"The court again has been used to rob ODM of resounding victory. It is a fact that the ruling has come at a time when our candidate Mr Ibrahim Ahmed was geared for victory in next week’s Monday by-election," she said.

"It is apparent that the people of Kamukunji have been robbed of their right to determine their next Member of Parliament democratically."

"It is high time Kenyans fought impunity at all costs including state sponsored impunity that is perpetuated by our Courts."

ODM secretary general Anyang' Nyong'o urged supporters "to continue with campaigns" saying the party was poised for a win.