Ex-Uhuru aide wants Kabete by-election stopped
A former State House public officer has moved to court seeking to stop the Kabete by-election.
In his suit against the Independent Electoral and Boundaries Commission (IEBC) and the Attorney general, Mr Wilson Kang’ethe Mburu wants to be allowed to participate in the elections.
According to Mr Mburu, a notice by IEBC ordering party nominations to be done by March 19 will lock him out of the contest.
Mr Mburu resigned as a State House officer on February 9, and according to Section 43 (5) of the constitution, a state or public officer needs to resign at least six months before an election.
He argues that he satisfies all the qualifications as required under aArticle 99 of the Constitution to contest the election, but is only barred by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution.
Through his lawyer Paul Nyamudi, he argues 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.
“In the event the sought for orders are not issued, Mr Mburu is likely to be disadvantaged as the party nomination would have been already taken place and that his right would be violated,” Mr Nyamudi told court.
“ I intend to seek nomination of the Jubilee Alliance Party in accordance with the IEBC’s gazette notice of February 23. I am apprehensive that the stated date my suit would not have been heard,” he said.
Despite, their pleas, High Court judge Isaac Lenaola however just certified the matter as urgent and directed that it be heard on Thursday.
The seat fell vacant following the death of former Member of Parliament George Muchai was fatally gunned down with his three aides.