The Electoral Commission has thrown out petitions to revoke candidatures of Irungu Kang’ata and Polycarp Igathe.
Mr Kang’ata is seeking the Murang’a governorship, while Mr Igathe is seeking the same position in Nairobi.
Mr Thomas Waithaka Mumu had filed a petition arguing that the Murang’a Senator asked the Returning Officer to change the date of presenting his nomination papers.
This, Mr Mumu claimed, was to enable Mr Kang’ata to confirm whether his former running mate Dr Winnie Njeri Mwangi had resigned as a lecturer at the University of Nairobi.
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Yesterday, the Independent Electoral and Boundaries Commission (IEBC) tribunal committee chaired by Mr George Murugu dismissed the complaint, saying it lacked merit, hence null and void.
Mr Murugu said they established that Mr Kang’ata and his running mate Mr Stephen Mburu were duly registered as candidates for governor and deputy governor on June 7.
Mr Mumu, through lawyer Mr Peter Wanyama, told the tribunal that Section 18 of the Elections Act requires the Returning Officer to receive nomination papers on the date set, and could not change the same at the whims of a candidate.
“Kang’ata violated the law when he asked the Returning Officer to alter the nomination date of presentation of his candidature from June 6 to 7,” Mr Wanyama said.
But the committee held that the replacement of Mr Kang’ata’s former running mate, Dr Mwangi with Mr Mburu was done in accordance with the law. “The substitution of Winfred Njeri Mwangi with Stephen Mburu as Kang’ata’s nominee for deputy governor, Murang’a under UDA was in order. It was filed a day before the June 7th deadline,” Mr Murugu ruled.
“We also find that the rescheduling of Dr Kang’ata date for registration from June 6 to June 7 was at the discretion of the Returning Officer, which was properly exercised,” he said.
This means that should the petitioner not move to the High Court to challenge the ruling by the tribunal, Mr Kang’ata name will be on the ballot.
The tribunal also quashed a petition to revoke IEBC’s decision to clear Mr Igathe to vie for Nairobi governorship.
The first panel, chaired by Mr Wambua Kilonzo, said the petitioner, Mr George Bush, lacked sufficient evidence to back his claims that the Azimio candidate absconded duty and resigned while he was the deputy governor of Nairobi.
Mr Bush objected Mr Igathe’s clearance on grounds that he was not fit for office as he absconded duty few months after being sworn in to deputise former Nairobi governor Mr Mike Mbuvi Sonko. Elsewhere, Wiper party lawyers argued that IEBC Chairperson Mr Wafula Chebukati and his team jumped the gun by rejecting the nomination of Mr Mbuvi to vie for Mombasa governorship. Wiper said Sonko had appealed his impeachment before the Supreme Court.
“The returning officer had no right to reject. It seems like there was a third party on this matter,” said the lawyers.
They were concerned that Returning Officer Ms Swallah Yusuf confirmed waiting for guidance from the legal team on the way forward, but by close of business had not gotten the information, forcing her to disqualify the first respondent.
The lawyers said IEBC had no right to reject Mr Mbuvi on grounds of impeachment, as it was not part of the checklist for clearance.
In her determination, Ms Yusuf had claimed that Mr Mbuvi breached Article 75 of the Constitution.
Further the lawyers argued that Mr Chebukati acted like the judge, jury and executioner even before the courts heard and determined the matter.
The other matter before the tribunal was the submission of the degree certificate of Mr Mbuvi. The hearing continues today.
