, NAIROBI, Kenya, Mar 3 – A case seeking to stop the May 4 Kabete constituency by-election has been certified as urgent by the High Court.
Judge Isaac Lenaola declined to issue interim orders stopping the poll process but directed former public official Wilson Mburu through lawyer Paul Nyamodi to serve his suit papers on the IEBC and appear in court for hearing on Wednesday.
Mburu intends to vie for the parliamentary seat on a Jubilee Alliance Party ticket following the death of George Muchai on February 7.
Mburu is aggrieved by Section 43(5) of the Constitution which requires a State or public officer to resign at least six months before an election.
The petitioner argues that he satisfies all the qualifications as required under Article 99 of the Constitution to contest the election.
But he is prevented by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution.
Mburu who has previously worked at the Treasury will first be seeking nomination on March 19.
He resigned from employment in the public service on February 9 and wants the by-election put on hold until the court determines his application.
Mburu says he is likely to be disadvantaged as the petition may not have been determined by the poll date.
He says unless the High Court intervenes and grants the orders sought, the petition will be rendered nugatory and his right to contest the election safeguarded under Article 38 of the Constitution will have been violated.