Court orders IEBC to clear Senate hopeful Thang’wa

The High Court yesterday ordered the Independent Electoral and Boundaries Commission (IEBC) to clear Kiambu UDA Senate candidate Karungo wa Thang’wa to run in next month’s election.

Justice Rachael Ngetich dismissed the decision to bar Thang’wa (pictured) on grounds that he was unfit to hold public office because he had been impeached.

She ruled that there was no evidence of corruption allegations that led to Thang’wa’s removal from office.

“I hereby issue an order of mandamus compelling the IEBC by itself and or its agents to clear and to register Thang’wa as Kiambu county senatorial candidate in the general elections,” ruled Ngetich.

The judge noted that UDA, which filed the case, had demonstrated that IEBC Dispute Resolution Committee decision to uphold the returning officer’s refusal to clear Thang’wa as a candidate was irrational, unreasonable and unfair to him.

The court further noted that the IEBC Dispute Resolution Committee acted unreasonable by barring Thang’wa to vie based on timelines.

“I believe Thang’wa would have explained reasons for failing to present his papers within timelines set by the Returning officer,” she noted.

UDA appeal

A former Kiambu County Executive Committee Member for Youth Affairs, Thang’wa was locked out from the August 9 senate race because he was impeached when he held the county position.

But UDA party lodged an appeal at the Kiambu High Court challenging decision of the IEBC’s dispute resolution committee to dismiss Thangwa’s complaint against the decision.

The decision of the committee is tainted with irrationality, illegality and procedural impropriety and is a blatant violation of Thang’wa’s rights to natural justice. Should the disputed decision be left to stand, he will have been condemned unheard,” said Thang’wa’s lawyer Ng’ang’a Mbugua.