Impeached Kiambu Governor Ferdinand Waititu has challenged a decision by the electoral commission barring him from running in the Nairobi governor by-election.
Waititu faulted the decision by the Independent Electoral and Boundaries Commission, saying that though he faces a corruption case, he has not been convicted of any offence and as such he has the right to vie for governor.
“As it stands, the applicant in this matter has not been convicted of any crime and has fully complied with all electoral guidelines provided when running for the aforementioned electoral position,” the court was told.
For this reason, he believes the decision by IEBC cannot be legally upheld as there are no legal provisions barring him from vying for an electoral position.
Waititu was impeached as governor of Kiambu county in 2020 but has expressed interest in contesting for the Nairobi county seat in the forthcoming election, which has been suspended pending a case filed by impeached Governor Mike Sonko.
The Nairobi office became vacant following the impeachment of Sonko. The Ethics and Anti Corruption Commission is on record saying that those who have been impeached fail the integrity test to run for public office.
And in court Waititu said the office of the Attorney General gave him an indication that the reason for his barring is the impeachment.
He now accuses the IEBC together with the EACC of engaging in a smear campaign against him while acting as judge, jury and executioner by convicting him even when the criminal case against him is still pending.
The Registrar of Political Parties whose integrity checks fall in line with the directives of IEBC has ruled that Waititu is fit to vie for an elective post, he said.
“From the foregoing, the 1st respondent (IEBC) cannot then bar the applicant (Waititu) from seeking an elective position,” his court papers say.
The former governor informed the court that he has already lodged a case challenging his impeachment, which is now set to be heard by a three judge bench.
He complains that what the IEBC did amounts to denial of his political rights and denial of the right to a fair trial, which is guaranteed under the Constitution.
“Applicant will continue to suffer without the intervention of this honorable court, which ought to look at the process that was both illegal and unprocedural leading to the decision that has been stated by the 1st respondent (IEBC),” he said.
He wants the court to compel the IEBC to accept his candidature.
Judge Anthony Mrima after hearing Waititu on Monday directed that the papers be served on all parties and they come back for hearing on January 7.
Edited by Henry Makori