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Ex-Uhuru aide gets day in court in bid to stop Kabete poll

A case filed by a former State House officer seeking to stop the Kabete by-election will be heard Thursday before High Court Judge Isaac Lenaola.

Justice Lenaola last week directed Mr Wilson Mburu, who had filed the suit against the Independent Electoral and Boundaries Commission (IEBC) and the Attorney-General, to serve the sued parties and appear back in court Thursday for an inter partes hearing.

Mr Mburu, who intends to vie in the Kabete by-election, is challenging Section 43(5) of the Constitution that requires a State or public officer to resign at least six months before an election.

Through lawyer Paul Nyamudi, Mr Mburu claimed that the regulation and the notice issued by the electoral body on another suit he has filed on the matter has not yet been heard and determined.

RESIGNED

According to Mr Mburu, who resigned from President Uhuru Kenyatta’s government as a State House officer on February 9, the IEBC issued a gazette notice on February 23 that nominations for the said election would be done by March 19.

He had argued that he satisfies all the qualifications as required under Article 99 of the Constitution to contest the by-election.

He is, however, only barred by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution, he argues.

“In the event the orders sought … are not issued, Mr Mburu is likely to be disadvantaged as the party nomination would have already taken place and his right would be violated,” Mr Nyamudi told the court.

URGENT

He wants to be allowed to participate in the nominations set to be held by the Jubilee Alliance Party.

The judge had certified the matter as urgent.

The seat fell vacant following the death of George Muchai, who was gunned down in Nairobi on February 7 together with his driver and his two bodyguards.