, NAIROBI, Kenya, Mar 9 – A voter from Kajiado Central constituency has moved to court to challenge the existence and legality of the Jubilee Alliance Party (JAP).
The urgent application was filed by Ntusero Naimaua Tiyie who wants to stop the participation of Patrick Tutui under JAP in the upcoming by-election.
Tiyie says JAP is not political party in the eyes of the law, it’s not known as registered as provided for under the Political Parties Act 2011 and cannot purport to sponsor any candidate.
His lawyer Kwame Nkrumah told Justice Isaac Lenaola that the process adopted by JAP and the Registrar of Political Parties to effect the name, office bearers, party symbol and physical address of Jubilee Alliance Party amounts to abuse of the law.
His lawyer further told the court that the process was not in compliance with the Political Parties Act 2011, saying that failing to recognise the existence of the law JAP cannot hold itself as a political party capable of nominating a candidate.
He is further seeking an order to halt JAP, the Registrar of Political Parties and Independent Electoral and Boundary Commission from receiving Tutui’s certificate of nomination to vie for the by-election for Kajiado Central scheduled to take place on March 16, 2015.
He also wants the court to issue an order barring the Registrar of Political Parties from issuing JAP with a provisional certificate of the registrar which might facilitate it to act as a political party.
The judge certified the application as urgent and the directed that the same be served upon JAP, IEBC and Registrar of Political parties and the matter be fixed for hearing inter-parties on Wednesday this week.