TNA aspirant barred from campaigning over bankruptcy

By Patrick Kibet

Nakuru, Kenya: The High Court in Nakuru has issued orders restraining TNA aspirant for Bahati constituency Kimani Ngunjiri from contesting in the forthcoming general elections.

Judge Anyara Emukule issued the orders after two voters moved to court claiming Kimani had been declared bankrupt yet Independent Electoral and Boundaries Commission (IEBC) and TNA went ahead and cleared him to contest the seat.

David Kimondo Murangu and Geoffrey Kinuthia Njenga through lawyer John Githui told the court the applicant was allowed to run illegally against provisions in the constitution and the Elections act.

The documents filed by the two showed that Kimani had receiving orders taken out against him by Caltex Oil Kenya after a court battle over a petrol station in Madaraka area of Nairobi.

In May 2004, Caltex went back to court seeking receiving orders against Kimani after all efforts to get him to pay the amount ordered by court failed.

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Public deception

They had to that effect served Kimani and his lawyers with a bankruptcy notice in November 2002 and the court granted the receiving orders on October 27, 2011.

Githui told Justice Emukule that Kimani was engaging in public deception by failing to disclose his financial status.

The two further told the court that he failed to disclose that he was an undischarged bankrupt when he participated and won TNA nominations and later cleared by IEBC.

The two voters wanted Judge Emukule to order that the certificates presented to Kimani by TNA and IEBC be declared null and void.

The duo have been ordered to file a further motion against TNA, the IEBC and Kimani for permanent prohibition orders against Kimani’s candidature.

They were, through lawyer John Githui ordered to file and serve the case to the respondents by February 8 and to appear before court on February 12 for the hearing of the application.