The high court has dismissed petitions that aimed to bar candidates with integrity issues from participating the elections on August 9.
A three-judge panel ruled that the proceedings involving former Nairobi governor Mike Sonko, senatorial candidate Karungo Thang’wa of Kiambu, and MP Samuel Arama (Nakuru Town West) were brought before the court too prematurely.
“Jurisdiction of this court should not be invoked until the mechanisms before the IEBC are exhausted. We decline jurisdiction on those cases,” they said.
During the hearing, IEBC Lawyer Edwin Mukele, however, told justices David Majanja, Chacha Mwita and Mugure Thande that it has no jurisdiction to deal with issues around acceptance of Sonko’s candidature.
That power he said to solely lies with the commission’s disputes committee.
On Monday June 20th the IEBC Disputes Resolution Tribunal upheld a decision by the Mombasa returning officer disqualifying Mike Sonko from the gubernatorial race.
The panel in its ruling said the complainant failed to provide compelling reasons to “disturb the decision by the returning officer” in rejecting his application.”
“The complaint lacks merit and is hereby dismissed,” Wambua Kilonzo said in the ruling on Monday.