Activists in court to have Gachagua, 12 others disqualified from August polls
A petition has been lodged before the High Court seeking to block 13 politicians including Kenya Kwanza presidential running mate Rigathi Gachagua from contesting in next week’s polls over integrity issues.
The suit by several activists led by Kenneth Njagi Njiru, Meshach Churchill Suba and Beatrice Kamau wants the court to issue orders barring Gachagua, UDA’s Nairobi gubernatorial candidate Johnson Sakaja, Mohamud Ali Mohamed (Marsabit), Onsemus Muthomi Njuki (Tharaka-Nithi-UDA), Evans Kidero (Homa Bay) - Independent), Ali Korane (Garissa), Dhadho Godana (Tana River), Anne Waiguru (Kirinyaga) -UDA and Aisha Jumwa (Kilifi) - UDA from the August 9 polls.
Others are MPs John Waluke (Sirisia- Jubilee), Samuel Arama (Nakuru Town West- Jubilee), Oscar Sudi (Kapseret- UDA) and Okoth Obado(Migori).
The petitioners want the court to determine whether Gachagua is fit and suitable to hold any public office in the wake of a recent ruling of the High Court, directing him to forfeit Ksh202 million to the government over graft.
"That a mandatory injunction be issued to compel the Independent Electoral and Boundaries Commission (IEBC) and the Ethics and Anti-corruption Commission (EACC) to inquire whether Gachagua meets the moral, ethical, leadership and integrity provisions envisaged under Article 99(2)(b) and chapter six of the constitution to be registered and or gazetted as candidate for the position of the Deputy President of the Republic of Kenya," the petition reads in part.
They further want IEBC and EACC to file their report on the findings and determination to the court by Thursday, August 4, 2022.
The activists also want the matter referred to Chief Justice Martha Koome to constitute a three-Judge bench to hear and determine the suit.
The petitions want the bench to exclude Judges Antony Mrima, David Majanja, Chacha Mwita, Mugure Thande and Eunice Ngetich on the basis that they have already dealt with various aspects of the dispute over Chapter six during which fundamental issues concerning enforcement, interpretation, application and implementation of chapter six have been either evaded or glossed.
The petitioners are further asking the court to determine several questions including whether UDA has complied with Articles 75 (3),99 and 193 and Chapter Six in nominating candidates for the elective positions.
They want the court to also determine whether the IEBC and it's Dispute Resolution Committee have discharged their constitution obligations under Article 88(4)(e)in resolving pre-election and nomination disputes as envisaged by the constitution and particularly in enforcing leadership, integrity, ethical and moral standard under Chapter Six of the constitution.
They further seek the court's intervention on whether the catalogue of illegalities such as fake degree certificates which the IEBC and its Committee have stated they have no mechanism to resolve should pass unpunished and let the people assume office in the event of being elected.
"We seek whether a higher threshold should apply to the vetting of the integrity, leadership and morals of presidential candidates and their running mates," the petitioners state in their court papers.
According to the petitioners, Gachagua was not vetted by the IEBC and EACC under Chapter Six and Article 99 of the constitution to establish whether he is fit and suitable to run for the Deputy President position.
"In order to prevent the spectre of the UDA establishing a government that is not compliant with the constitution after the general election scheduled for August 9, 2022, this petition should be heard with all deliberate speed," they argue.
