Kimunya, Gumbo free to contest poll

January 31, 2013 3:30 pm
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Kimunya's fate had remained uncertain when a voter appealed against a decision by the National Alliance (TNA) party to nominate him to defend the Kipipiri parliamentary seat/FILE
Kimunya’s fate had remained uncertain when a voter appealed against a decision by the National Alliance (TNA) party to nominate him to defend the Kipipiri parliamentary seat/FILE
NAIROBI, Kenya, Jan 31 – The High Court has dismissed petitions challenging the nomination of Cabinet Minister Amos Kimunya and former Rarieda MP Nicholas Gumbo.

Kimunya’s fate had remained uncertain when a voter appealed against a decision by the National Alliance (TNA) party to nominate him to defend the Kipipiri parliamentary seat.

Judges hearing the nomination petitions also cleared Mary Wambui’s challenger Mugambi Gichuki for the Othaya parliamentary seat on a Saba Saba Asili ticket.

Justices David Majanja, Weldon Korir and George Odunga also threw out a case challenging the nomination of Mombasa gubernatorial nominee Hassan Joho and his running mate.

They did not however give reasons for any of the decisions until Tuesday next week.

Lawyer Samuel Kimunye filed the case seeking that Kimunya be disqualified on grounds of intimidation of opponents and based on a claim that polling did not happen in two polling stations.

IEBC’s legal team however dismissed the application arguing that Kimunye was not a petitioner in the earlier case and that he did not have legal authority in the matter.

Samuel Gichigi who disputed Kimunya’s win and filed an appeal with the TNA’s tribunal and later with the IEBC has since decamped to the Alliance Party of Kenya (APK).

Meanwhile, the judges have directed the Independent Electoral and Boundaries Commission to hear afresh the dispute challenging the nomination of former Law Society of Kenya chairman Okong’o Omogeni for the Nyamira senatorial seat.

The judges directed that the dispute be heard by the committee without one of its members who is said to be a relative of another Nyamira senatorial aspirant on a Ford People ticket.

The court also threw out a petition challenging a move by Mugambi Gichuki from The National Alliance to the Saba Saba Asili party. The application was filed by a voter who argued that the Othaya aspirant moved to the party after the legitimate deadline.

On Friday the court is also expected to make a ruling on the candidature of Mombasa gubernatorial aspirant on United Democratic Forum party Suleiman Shahbal.

The court will also make another ruling in a case where a voter is seeking the disqualification of Robin Achoki who is the running mate for TNA’s gubernatorial aspirant in Nairobi Ferdinand Waititu.

An application was filed against Achoki by a voter who claims that he is a registered voter in South Mugirango.

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