Barred aspirants drag poll agency boss to tribunal
Five aspirants blocked from vying for the presidency in the forthcoming General Election yesterday dragged the Independent and Election and Boundaries Commission (IEBC) Chairperson Wafula Chebukati to the disputes tribunal.
The aspirants including Safina Party leader Jimi Wanjigi, Reuben Kigame (Independent), Ekuru Aukot (Thirdway Alliance), Umoja Summit Party presidential candidate Walter Mong’are alias Nyambane and Ogillo Mark Pascal (Independent) accused Chebukati, who is the returning officer for the presidential election, of violating the law by barring them from contesting the top seat in the August election.
The five aspirants in separate complaints filed at the IEBC Disputes Tribunals said Chebukati’s decision to reject their applications to seek the presidency was unconstitutional.
Wanjigi, who was represented in the matter by his running mate Willis Otieno, applied to have Chebukati summoned to be cross-examined on his decision to bar his client from seeking the highest office on the land.
“I urge this tribunal to summon Chebukati for refusing to accept my client’s papers on grounds that he has no valid degree,” Otieno told one of the IEBC tribunal’s sittings chaired by George Murugu.
“The IEBC chair has crucial information which we wish to cross-examine him for a fair decision to be made,” said Otieno.
However, lawyers representing the IEBC chairman opposed the application saying they did not receive a letter from Wanjigi, addressed to Chebukati, requiring him to attend the Dispute Resolution Committee hearing yesterday.
They said an affidavit sworn by the registration director Moses Sunkuli is sufficient to address the issues before the tribunal.
The Safina Party presidential aspirant claimed Chebukati had turned down his application on grounds that he failed to produce a university degree certificate and that he lacked adequate signatures from registered voters.
While maintaining he is qualified, Wanjigi stated he attended Daystar University where he pursued a Bachelor of Arts in International Relations and Security Management course and completed it in December 2021.
He was subsequently issued with a letter of completion by the school and was scheduled to graduate in May but the same was pushed to November.
In his complaint, Kigame accused the IEBC chairman of refusing to grant him access to materials and devices to overcome constraints arising from his disability as required by the Constitution.
Aukot separately lodged a complaint against Chebukati, accusing him of clearing Azimio la Umoja presidential candidate Raila Odinga despite not meeting the requirements for one to run for the presidency.
Ogillo on his part urged the tribunal to order Chebukati to clear him and overturn his earlier decision barring him from contesting on grounds that he failed to submit his nomination papers within the set timelines.
But in his defence, Chebukati urged the tribunal to dismiss the case by the aspirants for lack of merit as his decision not to clear them was made within the law.