Agnes Ndetei files case to block Mutula Kilonzo Junior from Senate race

By Wahome Thuku

Kenya: The Makueni Senatorial by-election now faces a new hurdle after a former MP filed a court case challenging the inclusion of Wiper party candidate Mutula Kilonzo Junior

Ms Agnes Ndetei, former Kibwezi MP and Narc politician, moved to the Court of Appeal to challenge a decision in which the High Court allowed Wiper to nominate a candidate after expiry of deadline.

With the by-election set for Friday, Ndetei filed the notice of appeal in Nairobi but was yet to file the appeal itself by Monday.

She is contending that the party should not have been allowed to participate in the by-election since it had initially nominated unqualified candidate Kethi Kilonzo, who is Mutula Junior’s sister.

The two are son and daughter of the late Senator Mutula Kilonzo, who passed away on April 27. Ndetei argues that the party should not have been given a second chance after the expiry of the nominations deadline.

Electoral offence

On Friday, three High Court Judges Richard Mwongo, Weldon Korir and Mumbi Ngugi threw out a petition filed by Kethi seeking to be included in the polls. They upheld a decision by Independent Electoral and Boundaries Commission that she was unqualified since she had not registered as a voter.

The judges, however, allowed Wiper party to nominate a substitute the same day, saying there was no evidence that the party knew Kethi was unqualified.

Under the Elections Act, any party, which nominates unqualified candidate, commits an electoral offence and is barred from participating in the elections.

On the same day, Wiper party picked Mutula Kilonzo Junior and unveiled him as their candidate.

He was cleared on Saturday after it was confirmed he was a registered voter in Makueni.

Ndetei, however, says the party was aware that Kethi was not registered and should have been locked out of the polls.

She is expected to file the appeal today, which would go before three judges. Depending on the orders that she will be seeking, the court could suspend the Friday elections.

Drum up support

However, the by-elections must be held by Saturday as per Constitution.

Under Article 101(4)(b), the by-election must be held within 90 days from the date the seat was declared vacant by the IEBC, which expires on July 27. On Saturday, CORD coalition trooped to Makueni County to unveil and drum up support for their Senate Mutula Junior.

Led by Cord luminaries Raila Odinga and Kalonzo Musyoka, the alliance senators, parliamentarians and other local leaders thronged the Unoa primary school grounds where they unveiled Mutula Junior as their flag bearer.

Mutula Junior walked into Unoa Primary School playground where his sister Kethi was unveiled on June 27 by the CORD brigade.