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The fate of several big-name politicians eyeing various elective seats now lies with the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee after complaints were raised against them.

The committee, which started sitting on Saturday, has formed three panels to hear the 262 complaints filed countrywide following the clearance of aspirants for various seats. Each of the panels has two IEBC commissioners.

While some of the big names are fighting to save their tickets after being cleared by the electoral agency, others are fighting to get cleared to vie for seats after they were locked out.

Among those whose fate lies with the committee are gubernatorial candidates Johnson Sakaja(Nairobi), Polycarp Igathe (Nairobi, Irungu Kang’ata (Murang’a, Simba Aratii (Kisii),  Julius Malombe (Kitui)  and Taita  Taveta Governor Granton Samboja.

Electoral malpractice

Those fighting to get a nod to the contest include former Nairobi governor Mike Mbuvi Sonko, former Kiambu County minister Karungo wa Thang’wa and Migori Gubernatorial Aspirant Robert Kennedy Okong’o who wants to vie on an independent ticket.

The committee has already started issuing its decisions regarding various complaints.

Sakaja is facing four complaints filed against him over his academic certificates.

“Sakaja did not satisfy the requirements of the law as it is not clear how he completed a Bachelor of Science in Management degree abroad while being a full-time MP in Kenya,” read one of the complaints.

The complainants further question the circumstances under which the degree was given to Sakaja just days before he submitted his papers to IEBC.

Igathe on the other hand is accused of being unfit to hold public office after he resigned as former governor Mike Sonko’s deputy without notice.

The complaint by one George Bush wants Igathe disqualified from vying on grounds of abdicating official duties.

Arati is facing a complaint by two voters who claim he does not have the requisite educational qualifications to vie as governor.

The two, Moses Ayieko and Wesley Obwang’i, claim that Arati is not a graduate of Jaramogi Oginga Odinga University of Science and Technology and that the academic document he presented to IEBC for clearance was not genuine.

They claim that Arati sat for his Kenya Certificate of Secondary Education (KCSE) exam in 1999 at Suneka secondary school in Kisii where he allegedly scored a ‘C-’ (C minus).

“The said KCSE grade could not admit Arati to the degree programme in any university in Kenya… further, the governor aspirant did not complete his studies at Kenya Polytechnic College. He was expelled after leading a students’ strike,” they allege.

Murang’a Senator and gubernatorial candidate Kang’ata is on the other hand facing an allegation of electoral malpractice.

Kang’ata allegedly interfered with the mandate of the electoral body by asking the returning officer to change the date of presenting his nomination papers.

Lawyer Peter Wanyama, representing a Murang’a voter, told the tribunal that Section 18 of the Election Act requires the returning officer to receive nomination papers on the date set and can not 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 said.

He asked the tribunal to quash the clearance certificate alongside that of his running mate, Stephen Mburu.

But Kang’ata, through his lawyer, Charles Njenga, opposed the petition arguing that it was in bad faith.

Erroneous impression

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

Malombe on the other hand is facing a complaint filed by a former Kenyan ambassador to Uganda Kiema Kilonzo over nepotism.

Kilonzo claims that Malombe picked Wiper party leader Kalonzo Musyoka’s cousin, Augustine Kanani, as his running mate, which amounted to nepotism.

Samboja is also facing a  complaint which seeks to revoke his clearance over questionable academic papers.

The complainant, Jeremiah Kiwoi, wants Samboja declared ineligible to participate in the election saying his clearance offends Chapter Six of the Constitution.

Kiambu Senatorial aspirant Thang’wa, who is fighting to get cleared by IEBC has filed a complaint against the Kiambu County returning officer. He argues that he was neither impeached nor removed from office and that the decision of the IEBC to bar him from vying was erroneous.

Through his lawyer Ng’ang’a Mbugua, he dismissed claims by the IEBC that he was ineligible because he was impeached from office of Kiambu county government executive committee on alleged gross misconduct.

“The IEBC decision was based on an erroneous impression that Thang’wa was removed from office after a purported resolution of the county assembly. We have put evidence to show that he was never removed from the office,” Mbugua said.

He states that he ceased to work as a member of the Kiambu County Government Executive Committee following the impeachment of former governor Ferdinand Waititu in January 2020.

The committee further heard that the alleged impeachment of Thang’wa notwithstanding, he continued drawing a salary from the county government until January 2020 when Waititu was impeached by the Senate.

But the returning officer, Arnold Mutwiri, said his decision to reject Thang’wa’s nomination papers was based on a communique issued by the IEBC chairman Wafula Chebukati where the aspirant was listed as ineligible.

The disputes tribunal will rule on his case on Saturday.