A fresh lawsuit has been submitted in an effort to prevent 13 politicians, including Kenya Kwanza’s running mate for president Rigathi Gachagua, from participating in next week’s elections due to integrity issues.
The petition, signed by a number of activists, calls for Gachagua, UDA candidate for Nairobi Governor Johnson Sakaja, Mohamud Ali Mohamed of Marsabit, Onsemus Muthomi Njuki Tharaka of UDA, Evans Kidero, Ali Korane of Garissa, Dhadho Godana of Tana River, Anne Waiguru of Kirinyaga, and Aisha Jumwa.
MPs John Waluke (Sirisia-Jubilee), Samuel Arama (Nakuru Town West-Jubilee), Oscar Sudi (Kapseret-UDA), and Okoth Obado are some of the others.
In light of a recent High Court decision ordering Mr Gachagua to return Sh202 million to the government, the petitioners have asked the court to decide whether he is qualified to hold any public position.
Read: Petition Filed To Have Kiambu Senatorial Candidate Thang’wa Barred from Race
Mr Gachagua has, however, appealed the ruling, claiming that Justice Esther Maina’s ruling was unsatisfactory.
“An order be and is hereby issued compelling the IEBC to vet and ensure that all persons it clears to view at the 9th August, 2022 general elections and in subsequent elections…are persons who satisfy moral and ethical requirements prescribed by the constitution or by an Act of Parliament,” the petition reads.
The High Court received multiple petitions requesting the exclusion of several candidates, including Mr Sakaja, Mr Arama and Paul Thang’wa.
However, the cases were dismissed because the petitioners had not used all available alternative dispute resolution procedures.
Read Also: Reprieve for Sakaja as Court Suspends Three Petitions Challenging His Candidacy
The petitioners contend, through attorney Kibe Mungai, that the Independent Electoral and Boundaries Dispute Resolution Committee either refused or failed to stop the candidates from being charged with fraud and other crimes.
“That by accepting the notion that the IEBC and DRC are effective guardians of Chapter Six has only resulted in the candidature of so many rogue politicians, suspected, indicted and convicted criminals and other free felons to contest,” Mr Kenneth Njagi says.
He asserts that the High Court has the authority to remedy the situation now that a number of candidates with questionable moral, ethical, and integrity issues have been cleared to vie for elective office.
Mr Njagi emphasized that despite being accused of money laundering, obtaining criminal proceeds, conflict of interest, and fraudulently obtaining public monies, Mr Gachagua was nominated and cleared.
He adds that Mr Sakaja was exonerated despite challenges to his Team University degree certificate.
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