Kethi now battles to stop by-election

The by-election for the Makueni Senate seat scheduled for July 22 hangs in the balance following an urgent petition by Ms Kethi Kilonzo to stop the poll.

Ms Kilonzo wants the election stopped until her petition challenging a decision by the electoral commission’s dispute resolution tribunal to nullify her nomination is heard and determined.

Through lawyers Julie Soweto and Harun Ndubi, Ms Kilonzo argued that the tribunal denied her a right to fair administrative action and natural justice by selectively discriminating against her and favouring her opponents in the race.

“The IEBC tribunal contravened the petitioner’s right by sitting as a judge in a dispute in which the commission were not only active actors but also the accused since the nature of complaints concerned registration of voters, management and custody of the voter register, which is in their hands,” Ms Soweto said.

The lawyers said the IEBC denied Ms Kilonzo access to the documents they relied on to nullify her nomination and ambushed her when its officials were called to table the documents contrary to rules on natural justice.

They accused the tribunal of being openly hostile and biased towards Ms Kilonzo and of failing to recognise conflict of interest as the complaint was brought up by the Jubilee Coalition after it reportedly failed to woo Ms Kilonzo to vie on their ticket.

“The tribunal had a predetermined position on the dispute and demonstrated their lack of intention to give the petitioner a fair hearing. They conspired with her political competitors to deny her the right to inspect the materials presented as evidence,” Ms Soweto said.

Apart from setting aside the tribunal’s decision, Ms Kilonzo also wants the official campaign period in Makueni suspended and an order stopping the IEBC from preparing ballot papers until the petition is determined.

A three-member tribunal comprising Mr Thomas Letangule, Mr Yusuf Nzibo and Mr Mohammed Alawi on Monday dealt Ms Kilonzo’s quest to succeed her father Mutula Kilonzo a body blow, ruling that she is not a registered voter.

The tribunal said Ms Kilonzo’s name did not appear in the electoral commission’s registers or in the green book. It also said she was irregularly issued with a nomination certificate by the Makueni returning officer and revoked it.