NAIROBI, Kenya, July 10 – Kethi Kilonzo and the Wiper Democratic Movement have sued the Independent Electoral and Boundaries Commission (IEBC) for revoking her nomination certificate.
They want the IEBC Nominations Dispute Resolution Committee’s ruling that barred her from contesting the July 22 Makueni Senate seat by-elections quashed.
Through lawyer Julie Soweto, Kethi wants the Gazette Notice of contenders which excluded her suspended until the case is heard and determined.
Kethi also wants the IEBC compelled to include her name in the list of voters registered at the NCC Social Hall in Lang’ata constituency.
High Court Judge Isaac Lenaola has certified the application as urgent and listed the case for hearing on Thursday.
In a separate case, activist Okiya Omtata moved to the Court of Appeal challenging the IEBC Nominations Dispute Resolution Committee’s mandate to rule on matters in which the commission was a respondent.
“This is a matter about the rule of law, it’s not even about Kethi and it’s not even about Kaloki,” Omtata who is representing himself told Capital FM News.
The Thomas Letangule-led Nominations Dispute Resolution Committee on Monday ruled that Kethi could not contest in the Makueni Senate seat by-election as she was unable to prove that she is a registered voter.
The National Rainbow Coalition (NARC) candidate Professor Philip Kaloki was however cleared to contest in the by-election as allegations that he was both the NARC and United Republican Party (URP) nominee were unsubstantiated.
Omtata moved to the Court of Appeal after High Court Judge David Majanja dismissed his application on the grounds that the IEBC Nominations Dispute Resolution Committee was mandated by Article 88, sub-article 4(e) of the Constitution to hear the complaints against Kethi and Kaloki’s candidatures.
On Tuesday, Wiper party leader Kalonzo Musyoka accused The National Alliance (TNA) of taking Kethi off the voter register because she declined entreaties to contest on a Jubilee Alliance ticket.
He also accused the Letangule team of being in the governing party’s pocket; an accusation they have denied saying they based their ruling on the evidence which was placed before them.