Jubilee's McDonald Mariga. He has appealed IEBC's decision to bar him to vie in the Kibra by-election (David Gichuru)

Soccer star McDonald Mariga is not letting up the fight to vie in the November 7 Kibra by-election and has appealed against the electoral commission’s decision to disqualify him.

Maringa yesterday moved to the Independent Electoral and Boundaries Commission (IEBC) Disputes Resolution Tribunal to contest the move to bar him.

He wants the tribunal to nullify the decision by Kibra Constituency Returning Officer Beatrice Muli who declared that the Jubilee aspirant is not a registered voter and thus not eligible to contest.

Mariga though the law firm of Majimbo AG & Co advocates, filed the complaint at IEBC offices insisting that he is a registered voter.

In the affidavits, the footballer says he was enlisted as a voter on August 26, 2019 at Kariakor Social Hall polling station in Starehe Constituency and thus it was improper for the commission to declare him ineligible.

The aspirant who is said to be Deputy President William Ruto’s pick, argues that the move to bar him violates his rights and fundamental freedoms protected by the Constitution and the Elections Act.

“I registered as a voter on August 26, 2019 at Kariakor Social Hall polling station in Starehe Constituency and was issued with acknowledgement slip bearing Electors No 014521190826205-9. The law allows continues voter registration and the voter registers are updated continuously,” Mariga said.

McDonald Mariga display his Jubilee Party nomination certificate to run for Kibra MP seat at the party Headquarter (Jenipher Wachie, Standard)

The commission which has received the petition, was meeting last evening and will call Mariga to appear before the tribunal to prosecute his case.

“We have served the IEBC lawyers and they will meet internally before inviting us to make either oral or written submissions,” Langata MP Nixon Korir who accompanied him to Anniversary Towers said.

The Returning Officer and some of her superiors are said to have defied pressure from a member of the commission who had asked them to clear Mariga and insisted that the law had to be used.

This is because the voter register is yet to be updated, certified and gazetted to make Mariga and any other Kenyan who has applied for registration under the Continuous Voter Registration (CVR) exercise after 2017 polls valid.

The failure to update and certify the register is linked to move by Parliament to ban French firm IDEMIA Securities Limited, formerly OT Morpho, from doing business in Kenya for at least 10 years.

The firm supplied the current system that IEBC is using and with the ban, the commission can’t request them to supply software and thus relies on the register of 2017.

IEBC officials from Legal and Risk departments, insisted the name has not been updated in the register being used for elections and that Mariga should be treated like other Kenyans who applied to be enrolled after 2017 and were denied a chance to vote in Embakasi South and Ugenya by-elections.

“We couldn’t rely on a word of mouth to clear him (Mariga) yet there was a legal opinion,” an officer said.