Court quashes tribunal decision to bar Kihika from Nakuru senatorial race

June 15, 2017 (2 weeks ago) 10:33 am
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Justice George Odunga ruled on Thursday that the tribunal acted outside its mandate by entertaining a petition seeking to bar Kihika from the August election/CFM NEWS

, NAIROBI, Kenya, Jun 15 – The High Court has quashed a decision by the Political Parties Disputes Tribunal to disqualify Susan Kihika from the Nakuru senatorial race.

Kihika is the Jubilee nominee for the seat.

Justice George Odunga ruled on Thursday that the tribunal acted outside its mandate by entertaining a petition seeking to bar Kihika from the August election.

“The tribunal and subordinate court must act within their ranks and mandate to ensure proper administration of justice,” Judge Odunga directed.

Kihika challenged the decision of PPDT to bar her from contesting for the senatorial seat over allegations that she did not resign from her position at the County Assembly on time as required by law.

Through lawyer Tom Ojienda, she argued before Justice Odunga that the PPDT lacked jurisdiction to interpret the Constitution.

The lawyer told the court that the tribunal’s decision to bar her was in bad faith and an excess of its powers.

The lawyer said that the petition that was lodged before the Political Parties Disputes Tribunal raised several issues of the constitutional interpretation, which ought to have been determined by members of the tribunal.

The tribunal chaired by Kyalo Mbobu on Monday ruled that Kihika was ineligible because she failed to resign from the Office of Speaker of the Nakuru County Assembly before seeking the Senate nomination.

Mbobu also faulted the Jubilee Party for violating the law by presenting Kihika’s name as its candidate for the Nakuru County senatorial contest.

Article 99 of the Constitution states that a candidate who is still a Member of the County Assembly cannot vie for MP before resigning.

The petition against Kihika was filed by Nominated MCA Margaret Wanjiru Kiiru who is vying for the seat as an independent candidate.

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