Nairobi senator Johnson Sakaja was Sunday, June 12 fighting to avoid disqualification from the Nairobi governor’s race as hearing of disputes related to Independent Electoral and Boundaries Commission (IEBC) clearance kicked off.

A Nairobi voter Evans Kaita lodged a complaint with Independent Electoral and Boundaries Commission (IEBC) tribunal seeking to have Sakaja disqualified from the forthcoming elections because of a lack of requisite education.

Documents attached to the complaint stated that Sakaja did not satisfy the requirements of the law as it is not clear how he completed Bachelor of Science in Management degree abroad while being a full time MP in Kenya.

The petitioner further questioned the circumstances under which the purported degree was accredited to Sakaja shortly before submission of his papers to IEBC.

“…Wherefore the complainant prays that it be determined that the said Johnson Arthur Sakaja does not meet the statutory and mandatory qualifications for elections as the county governor candidate,” Kaita says.

“In consequence, we implore that IEBC recalls and or revokes the certificate of clearance issued to Sakaja.” The tribunal gave Sakaja until today noon to file his response to the allegations. 

He was also given time to file a formal application seeking to have one of the tribunal members to recuse himself.  About four petitions have been filed against Sakaja to have his clearance revoked on different grounds.  Other complainants  are Dennis Gakuo, Alex Abere and Timothy Ayieko. Tribunal chairperson Willis Otieno issued an order consolidating all the four cases  and they will be heard on Wednesday, June 15.

Also in trouble was Sakaja’s opponent in the race, Polycarp Igathe, who was accused of being unfit to hold public office after he resigned as former governor Mike Sonko Deputy without notice.

The complaint by George Bush wants Igathe disqualified from the forthcoming elections on grounds of abdicating official duties as the duly elected deputy Governor of Nairobi county for the period 2017-2022.

“Igathe having been duly elected the deputy Governor of Nairobi City County in 2017 General Election, deliberately refused to execute the duties of the office, abdicated his office and eventually walked out of office never to return again without even tendering his resignation. What followed was an unprecedented constitutional crisis and suffering for the people of Nairobi city county, “ Bush states in his complaint with IEBC Dispute Resolution Committee.

“His nomination to the Nairobi gubernatorial contest is a waste of voters’ time and a waste of public resources.”

The tribunals sitting at Milimani law court are seeking to resolve about 300 petitions filed across the country seeking to nullify the clearance of candidates picked for the August 9 General Election.

Two voters also moved to the tribunal seeking to quash the nominations of Irungu Kang’ata as Murang’a gubernatorial candidate and his Kitui’s Wiper counterpart Dr Julius Malombe.

Kang’ata who has been cleared to vie for the seat under UDA party is accused of asking the returning officer to change the date of presenting his nomination papers to enable him confirm whether his former choice for deputy Dr Winnie Njeri Mwangi had resigned from her job as a lecturer at the University of Nairobi.

Lawyer Peter Wanyama representing Murang’a voter Thomas Waithaka Mumu told the tribunal that  Section 18 of the Election Act requires the returning officer to receive nomination papers on the date set and cannot change them at the whims of any candidate.

“Kang’ata violated the law when he asked the returning officer to alter the nomination date of presentation of his candidature from June 6 to 7, 2022,”  Wanyama stated.

Written submissions

The lawyer said on that score alone, the nomination of Kang’ata is illegal and an affront to the electoral law. He asked the tribunal to quash the nomination of Kang’ata and his deputy Stephen Mburu for violating the law. 

But Kang’ata through his lawyer Charles Njenga opposed the petition saying it is bad in law because the issues being canvassed have not been pleaded for.

“There is no valid complaint before this tribunal as all what has been raised by the complainant is political,” Njenga said.

He urged the tribunal to strike it out with cost. A judgment on the matter will be delivered on Wednesday afternoon.

The tribunal was also informed that Dr Malombe had picked Wiper party leader Kalonzo Musyoka cousin Augustine Kanani as his running mate, which amounted to nepotism.

Former Kenyan ambassador to Uganda Kiema Kilonzo alleged that Kalonzo had a hand in the nomination of Malombe and Kanani a move he claims is unfair. 

He claims that during nomination, Kalonzo was faced with a dilemma on how to issue the Wiper ticket without facing a fallout within the party.

Yesterday, the three member IEBC dispute resolution Committee directed lawyers Eric Mutua for Kiema and Issa Mansur for Malombe to file written submissions in the matter before returning to court today for full hearing at 2:30 pm.

Kiema has opposed the picking of Malombe to fly the Wiper ticket in the gubernatorial election.

Governor Charity Ngilu who defeated Malombe in 2017 is defending her seat on Narc ticket. Kiema claims that voters were not given an opportunity to choose a candidate of their choice and urges the tribunal to revoke the clearance of Malombe.

But Malombe has urged the team not to interfere with his nomination as he is validly and lawfully nominated as the candidate to represent Wiper party.