“If indeed the respondent registered as a voter, then it was incumbent upon her to verify her registration status with the commission. If she indeed registered as a voter and elected not to verify registration, then she has no claim against the commission over non-registration.”
The committee found that Kethi could not base her claim to be a registered voter solely on her possession of an acknowledgment slip.
“It is the committee’s view that the said document does not have legal weight and is therefore not proof of registration. In addition, even if legal significance was to be attached to the document, the document from the testimonies of both the first and second respondent witnesses is incompatible with the alleged registration date and centre.”
As a result of its findings, the Letangule committee ordered the Independent Electoral and Boundaries Commission (IEBC) Returning Officer to revoke her nomination certificate and ordered the commission to investigate how Kethi came into possession of a voter registration acknowledgment slip that was said to be stolen.
“The third respondent do take immediate steps to commence investigation to determine how the acknowledgment slip was issued to the first respondent,” Letangule ordered.
Kethi’s legal representative at the hearings Julie Soweto did not take the ruling lying down saying the committee which is an organ of IEBC cannot rule in matters in which it is adversely mentioned.
“We still have the High Court ahead of us and so we can go to the High Court to quash these proceedings… for them to sit as arbiters in their own matters is in fact repugnant to justice,” Soweto said following the ruling.
Several Makueni residents who were present at the Milimani Law Courts for the ruling were also up in arms and accused the IEBC of injustice but their demonstrations were quickly and quietly quashed.
It was however a happy day for Professor Philip Kaloki who was cleared to vie for the July 22 Makueni by-election on a NARC ticket after allegations that he was a member of two political parties at the time of his nomination were dismissed.
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