, NAIROBI, Kenya, Mar 11 – The High Court is on Friday expected to rule if the Jubilee Alliance Party (JAP) will field a candidate in the Kajiado Central mini-poll set for March 16.
Justice Isaac Lenaola who heard a petition challenging the legality of the party will determine if the proper registration process was followed when JAP was listed.
The petitioner, Ntusero Naimaua moved to court to stop JAP’s candidate Patrick Tutui from participating in the by-election.
He 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.
Through its lawyers Kenneth Ogeto and Ahmednasir Abdullahi, JAP argued that it is a duly constituted party that is legally registered.
Abdullahi told the court that Naimaua did not have the legal authority to raise issues about a political party that is not a member of.
According to him, only members of JAP have the authority to raise issues about the formation, members, leadership and affairs of its party.
In his prayers to have the petition dismissed, Abdullahi claimed that the petitioner’s motive was to divert attention of voters ahead of the Monday’s by-election.
“The application should be dismissed as it is an abuse of the court process; is frivolous, vexatious and brought in bad faith,” he argued.
The court also heard that the petitioner had not explained which provision in the constitution had been violated when JAP nominated Tutui.
Abdullahi said if Tutui is removed from the ballot, it will be in breach of Article 138 and denial of his political right.
The Independent Electoral and Boundaries Commission (IEBC) said JAP was lawfully registered under the Constitution, Political Parties Act and the Elections Act as required.
But the petitioner who was represented by Kwame Nkrumah and Haron Ndubi argued that the Registrar of Political Parties acted illegally in registering JAP.