, NAIROBI, Kenya, Oct 1 – The Independent Electoral and Boundaries Commission (IEBC) has opposed a case in which a Gatundu South voter is challenging the ‘election’ of Moses Kuria as the area Member of Parliament.
The by-election was called off and Kuria declared winner after his rival withdrew from the contest.
IEBC argues the petition by Patrick Michuki has been wrongfully filed contrary to Article 87 of the Constitution and other provisions of Elections Act.
The electoral body insists that the High court has no jurisdiction to determine the dispute since it is challenging the election of an MP as opposed to a constitutional petition for violation of constitutional rights.
Michuki is contesting Kuria’s election on grounds that their constitutional rights of Gatundu residents were violated for not having a chance to choose a parliament representative of their choice after Kuria’s rival Joachim Kamere withdrew from the race.
Among the orders that Michuki is seeking is to have the Gatundu South parliamentary seat declared vacant.
He has sued the IEBC for negligence for the manner in which the by-election was called off.
The petitioner has further faulted the IEBC and the Ethics and Anti-Corruption Commission for not reading a conspiracy between TNA party, the Executive, Kamere and Kuria in defrauding them of the legal constitutional rights and fundamental freedoms.
The case is due for hearing on December 3.