Court orders IEBC to annul aspiring MP's candidature

Lawyer Brenda Majune (centre) served the IEBC with the court order yesterday. [Boniface Okendo, Standard]

The High Court in Garissa has ordered the electoral commission to degazette Mohamed Subey Gedi as a parliamentary candidate for Fafi constituency.

The judgment by Justice Abida Ali Aroni on Tuesday followed a petition by Nicholas Waitito Njau, who challenged Gedi's eligibility to take part in the August 9 elections.

Mr Njau said the Independent Electoral and Boundaries Commission (IEBC) should never have cleared the ANC candidate, citing his multinational status, which he said offended the Constitution. 

Besides being Kenyan, the petitioner told the court that the politician is a Somali-American.

He argued that Gedi’s clearance went against the law, which states that a dual citizen is not qualified to hold a parliamentary seat or any public office in Kenya. 

"The clearance of Gedi to run for the Fafi parliamentary seat affects his rights as well as the rights of other voters," said Mr Njau. "I filed this case on my own behalf and in the interests of the people and voters of Fafi constituency."

The petitioner accused Gedi and IEBC of violating 10 constitutional provisions, including Article 3 (1), which obligates every person to respect and uphold the Constitution, and Article 78, which states that a person is not eligible for election and appointment to a State or public office unless the person is a Kenyan citizen. 

Justice Aroni declared that his candidature unconstitutional, null and void.

The judge further declared that Gedi is unqualified to run for the post of MP and ordered the IEBC to withdraw the clearance certificate it issued to him. 

The court also ordered Gedi to meet the cost of the petition.

Lawyer Brenda Majune served the IEBC with the court order yesterday.

“We call on the Inspector General of Police Hillary Mutyambai, and the CS for Interior and Coordination of National Government Fred Matiang'i to investigate this case and similar cases because they pose a threat to national security.”