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The Court of Appeal will decide if Safina presidential nominee Jimi Wanjigi will participate in the August 9 presidential elections, before July 15.
Lawyers Omwanza Ombati and Willis Otieno told a three-judge bench - Justices M.S.A Makhandia, Hellen Omondi and Kathurima M’inoti that businessman Wanjigi had satisfied all requirements to run for president.
While presenting the final submission, Mr Wanjigi in his appeal against the decision by Independent Electoral and Boundaries Commission (IEBC) chair Wafula Chebukati not to clear him to run for the presidency, told the court that one secures a degree upon the university senate pronouncing itself and the graduation is a mere ceremony.
His lawyers relied on High Court precedents in similar matters by Justice Isaac Lenaola and Justice Eric Ogola in a case where Mr Chebukati has been named as the first respondent.
The court was told that Mr Wanjigi was to graduate in May 2022 but the graduation ceremony was pushed to November because of internal university issues.
The Safina presidential aspirant argued that the High Court erred in law and fact when it failed to consider the principle that binding nature on subordinate courts and tribunals and bodies exercising quasi-judicial powers like the 3rd Respondent.
"The High Court Judge would have come to the conclusion that the decisions of the superior court interpreting Section 22 (2) Elections Act are binding on the respondents and they were bound to apply and comply with the decisions of the superior courts," argued Wanjigi.
He further argued that the High Court failed to consider all issues raised and in particular to make a finding that the appellant had complied with Article 148 of the Constitution by nominating his running mate in time as was required.
He said that had the High Court considered this factor, it would have found that the decision of the IEBC Dispute Resolution Committee was illegal as he nominated his running mate on May 16.
Wanjigi wants the Court of Appeal to determine that he complied with Article 148 of the Constitution since the matter of the running mate presentation was not contested and Chebukati made an illegal decision in denying him clearance on this basis.
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