NAIROBI, Kenya, Mar 13 – Jubilee Alliance Party (JAP) candidate Patrick Tutui has been cleared by the High Court to vie in Monday’s Kajiado Central by-election.
Justice Isaac Lenaola threw out the case where Ntusero Naimaua Tiyie, a voter in the constituency, wanted to stop Tutui from participating in the poll. While dismissing the petition, the judge noted that Tiyie is not a member of JAP, produced no voters card when he was required to and what prejudice he stands to suffer if Tutui runs.
“It is worth to note that members of Kajiado Central have not come to support his petition and why he chose to approach the court seven days before the mini-poll,” the judge ruled.
Justice Lenaola dismissed the case saying the question of whether JAP is lawfully registered or not, is not a nomination issue.
“How JAP changed its name is not a nomination issue and I therefore refuse to be drawn to the question of whether it was legally registered,” he ruled.
In his petition to the court, Tiyie had argued that JAP is not legally recognised as a political party and is not registered under the Political Parties Act hence it cannot field a candidate.
In his ruling, Justice Lenaola noted that Tutui and the over 39,545 registered voters in Kajiado Central would suffer more prejudice if the candidate was barred. Justice Lenaola further held that the court cannot not stop IEBC from accepting Tutui’s nomination as that has already been done.
“Having looked into all the issues raised by the petitioner I decline to grant the orders stopping the JAP nominee from participating in the by-election,” he added.
The party, through lawyers Kenneth Ogeto and Ahmednasir Abdullahi, argued that JAP is a duly constituted party that is legally registered.
Kajiado Central voters will now have three candidates to choose from including Tutui, Memusi Kanchory of the Orange Democratic Movement and Nkashuma Kuntai who is running as an Independent candidate.
The Kajiado Central parliamentary seat fell vacant last year after Joseph Nkaiserry resigned to take up an appointment as the Interior and Coordination of National Government Cabinet Secretary.