Suit seeking to halt tribunal’s work dismissed

Civil society activist Okiya Omtatah. Photo/FILE

A suit that sought to halt tribunal proceedings over qualification to contest in the Makueni by-election was dismissed on Monday.

It was thrown out shortly before the tribunal issued its ruling.

The High Court dismissed the application filed by civil society activist Okiya Omtatah after it held that the tribunal had the mandate to determine nomination disputes.

Mr Omtatah had asked the court to consider the suit urgent and issue interim orders stopping the tribunal’s proceedings pending determination of constitutional questions he had raised.

Subject of complaints

He asked the court to suspend any decision made by the tribunal on the fate of Wiper’s Kethi Kilonzo and Narc’s Philip Kaloki, whose candidacy was the subject of complaints before the tribunal.

The activist claimed that the tribunal, which consists of Independent Electoral and Boundaries Commission (IEBC) members, could not sit as a judge in a matter in which the agency is a party.

Mr Justice David Majanja dismissed the suit, ruling that granting the orders would prejudice the IEBC, which has a legal mandate to determine disputes emanating from nomination of candidates for elections.