, NAIROBI, Kenya, Aug 1 – Despite the fact that the Makueni by-election is over and Mutula Kilonzo Junior sworn in as the county Senator, Kethi Kilonzo is fighting to clear her tarnished reputation.
By upholding the IEBC Nominations Dispute Resolution Committee finding that Kethi is not a registered voter, the High Court also upheld the finding that Kethi lied when she claimed to be a registered voter.
And now Kethi wants the Court of Appeal to do what the High Court did not – which is to compel the Independent Electoral and Boundaries Commission (IEBC) to add her details onto the Lang’ata roll of registered voters.
“We filed our notice of Appeal with the High Court the Monday after the ruling,” Kethi’s lawyer Julie Soweto told Capital FM News explaining that they have already filed a request for a certified copy of the High Court proceedings and ruling.
What is perhaps more surprising are reports that Kethi’s legal team have also written to the IEBC not only demanding a certified copy of the proceedings and ruling that followed their appearance before the Nominations Dispute Resolution Committee, but a certified copy of former President Mwai Kibaki’s acknowledgement slip.
Sources within the IEBC have told Capital FM News that it is unlikely that such a request would be granted which would force Kethi’s legal team to seek a court order compelling the commission to do so.
Kethi’s legal team may be seeking to challenge testimony given by the IEBC Director of Voter Registration Immaculate Kassait to the effect that the acknowledgement slip in Kethi’s possession was stolen from the book used to register the former president when the commission launched the voter registration drive last year.
The accusation not only damaged Kethi’s reputation but led to investigations that could lead to criminal charges should she be found culpable.
Kethi’s big brother Mutula Jr could also find himself in a courtroom in the near future, not as an advocate but as a respondent to an appeal filed by Agnes Ndetei challenging his nomination for the Makueni Senate seat.
In her notice of appeal, Ndetei argued that the High Court’s decision to allow the Wiper Democratic Movement to nominate Mutula Jr in Kethi’s stead on account of her unclear voter registration contravened the Elections Act.
Ndetei’s lawyer Alphonce Mutinda told Capital FM News that like Kethi’s legal team, he is waiting on a certified copy of the High Court proceedings and ruling in order to build his case.