High Court declines to bar Waititu from running in Kabete by-election
Lawyers Harrison Kinyanjui for Ferdinand Waititu and Phillip Henry who represented two petitioners in a suit that sought to block Mr Waititu from running in the Kabete by-election. The High Court declined to interfere with the JAP nominee and directed that the matter be taken to the IEBC dispute resolution committee. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- A judge Wednesday said the court had no jurisdiction under election law to make a finding on a nominee’s eligibility.
- Mr Waitutu’s lawyer Harrison Kinyanjui had raised a preliminary objection against the petition on grounds that the IEBC had a dispute resolution mechanism to handle the matter.
- Two voters had filed a petition seeking to nullify Mr Waititu’s nomination on grounds of alleged “questionable integrity.”
- They wanted the IEBC be restrained from issuing a clearance certificate to Mr Waititu.
The High Court has declined to stop JAP nominee Ferdinand Waititufrom running in the forthcoming Kabete parliamentary by-election.
A judge Wednesday said the court had no jurisdiction under election law to make a finding on a nominee’s eligibility, further stating that the orders sought to bar Mr Waititu from contesting were unmerited.
Mr Waitutu’s lawyer Harrison Kinyanjui had raised a preliminary objection against the petition on grounds that the Independent Electoral and Boundaries Commission (IEBC) had a dispute resolution mechanism to handle the matter.
His argument was upheld by the court and the petitioners asked to withdraw or the petition be struck out.
“This court lacks the jurisdiction to hear a dispute arising out of a nomination.
"The proper forum would be the IEBC dispute resolution committee,” Justice Isaac Lenaola ruled.
He further directed the petitioners who were seeking to block Mr Waititu to return to court on March 25, 2015 to report if they have complied with the directive to take the dispute to the IEBC.
Two voters had filed a petition seeking to nullify Mr Waititu’s nomination on grounds of alleged “questionable integrity.”
JAP nominated Mr Waititu on March 14, 2015 to contest for the Kabete seat which fell vacant after Mr George Muchai was shot dead in Nairobi.
They wanted the IEBC be restrained from issuing a clearance certificate to Mr Waititu.
They had based their argument on a pending criminal case facing Mr Waititu and an earlier judgment against the politician which had questioned his ability to hold public office.
