A Jubilee aspirant has moved to disputes tribunal challenging the nomination of former Harambee Stars midfielder McDonald Mariga as the party’s flag-bearer in the upcoming Kibra parliamentary by-election.
In a suit filed at the Political Disputes Tribunal Tuesday, Mr Morris Peter Kinyanjui has contested Mariga’s nomination arguing that primaries were not held.
Mr Kinyanjui, who initially took his complaints before a different tribunal and lost, claims due process was not followed in selecting the footballer as the party’s ticket holder.
“Mr Kinyanjui still believes that the process of nomination was not conducted in adherence to the party’s constitution and to the laid down regulations,” said his lawyer Benson Njagi.
Mr Kinyanjui was among the 16 aspirants interviewed by the Jubilee’s National Elections Board (NEB) as possible candidate for the November 7 by-election.
In his filed case documents, Mr Kinyanjui alleges that when he sought for clarification that the interview was not a nomination, he was assured that the final candidate will be selected as per the rules stipulated in the party's Constitution.
He claims that he came to know of Mr Mariga's nomination through media reports.
“I strongly believe that the Jubilee party did not conduct the process of nomination as prescribed by the law and regulations and the NEB’s decision to select him as the candidate was ultra vires,” said Mr Kinyanjui.
His first protests before Jubilee’s National Elections Appeals Tribunal was dismissed.
In his earlier petition to the Jubilee Secretary-General Raphael Tuju that was received on September 3, he had indicated that Article 11 of the party's constitution provides for open, free, fair and transparent nomination in national as well as county elections through consensus, secret ballot or through the Independent Electoral and Boundaries Commission.
He had also alleged that the law further states that other democratic methods acceptable to members under the supervision of NEB and the County Elections Board can also be acceptable.
However, in the case of Mr Mariga’s selection, he claimed that not only was there no nominations conducted, but also NEB arrogated itself powers it does not have to conduct the aforesaid selection and without informing the aspirants.
In the fresh suit, he wants the Political parties’ disputes tribunal to hear his second complaint on Mr Mariga’s clearance to vie for the oncoming polls on a priority basis.