Third case against Ferdinand Waititu’s candidature in Kabete poll thrown out
Kabete by-election candidate Ferdinand Waititu. The High Court Wednesday dismissed a third case challenging his candidature over integrity issues. PHOTO | DANIEL IRUNGU | NATION MEDIA GROUP
A third case that challenged Mr Ferdinand Waititu’s candidature in Monday’s Kabete by-election has been dismissed.
The High Court Wednesday ruled that the petition by Mr Benson Ritho, which sought to have Mr Waititu barred from the race on integrity grounds, was “unmerited”.
Justice George Odunga ruled that the law had instituted a mechanism for the Independent Electoral and Boundaries Commission to deal with integrity issues.
The judge said the electoral commission was duty-bound by the Constitution to perform its functions in accordance with the law in clearing candidates for elections.
Two similar suits that challenged the politician’s eligibility in the by-election were thrown out after the court upheld the defence argument that the petitioners had approached the wrong forum for redress.
The applications filed by Mr Geoffrey Mwaki Kimathi and Mr Mwangi Mwaikiriro had been overtaken by events, Justice Odunga further ruled.
The Kabete MP’s seat fell vacant following the killing of Mr George Muchai in a Nairobi street on February 7, 2015.
