Maina Njenga ordered to remove IEBC from petition against Jubilee Party
By Faith Karanja | March 7th 2017
Former Mungiki leader Maina Njenga has been ordered to amend the application filed before Political Parties Dispute Tribunal against Jubilee Party and attach nomination regulations.
The panel of three lead by Kyalo Mbobu, James Atema and Milly Odongo told Maina they needed to see the regulations so that they could understand on what ground his nomination papers were rejected.
"We would like to understand the grounds on which Maina's papers were rejected so that we can determine whether that decision was illegal and for the purpose of completion of record,” the panel said.
The tribunal at the same time ordered Maina to amend the petition and delete the Independent Electoral and Boundaries Commission (IEBC) from the proceedings since the tribunal does not have jurisdiction over it.
“For the reasons stated in the motion dated March 6, 2017, the matter has been certified urgent and will be heard on Thursday at 2.30pm,” said Kyalo.
Maina through his lawyer Evans Ondieki on Monday sought to quash the decision by the Jubilee Party to reject his nomination papers.
He wanted the Tribunal to accept his nomination papers and to be restrained from conducting any prejudicial activity against him.
"I am a member of Jubilee Party and I was born and bred in Laikipia County, I believe that the constitution indicates that IEBC and Jubilee party should act in a transparent and accountable manner," said Maina.
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Maina claims to have registered and paid the requisite legal fees seeking for Laikipia senatorial seat on a Jubilee Party Ticket.
He added that he has a right to protection of the law and full benefit of the law under the constitution.
“Maina will suffer irreparable damage if the rejection of his nomination papers are not quashed as it offends the constitution,” said Lawyer Ondieki.
Maina said he has complied with all the other legal requirements claiming that he already has a Certificate of Good Conduct, compliance from the Kenya Revenue Authority, Compliance from the Ethics and Anti-Corruption Commission and the Compliance with the Credit Reference Bureau.
Maina wants a declaration that the political rights of the claimant have been violated, infringed, threatened and denied.
He wants a declaration that IEBC and Jubilee party failed to take into account the values and principles protected under the constitution.
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