The Independent Electoral and Boundaries Commission and the EACC have been barred from commenting on the merits of former Kiambu Governor Ferdinand Waititu’s case.
This is after his lawyer John Swaka told the court that both EACC and IEBC had been commenting on whether Waititu can vie in an election even though the case is yet to be determined.
In the case, Waititu moved to court on Thursday last week challenging IEBC’s decision to bar him from contesting in the Nairobi gubernatorial by-election.
Justice Antony Mrima on Thursday directed all parties in the case to act with restraint by ensuring that the proceedings before court are not discussed outside the jurisdiction of the court.
"I direct the lawyers in this matter to advise their clients to respect doctrine of subjudice," the judge said.
The case will be mentioned on February 1 for further directions.
On Wednesday, Waititu received a reprieve in his quest to succeed Mike Sonko as the next Nairobi Governor.
This is after the IEBC published his name among 12 independent candidates seeking to battle it out to take charge at City Hall.
Waititu, well known as Babayao had earlier challenged a decision by the electoral commission barring him from running in the Nairobi governor by-election.
Waititu faulted IEBC's decision saying 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.
Waititu was impeached as governor of Kiambu county in 2020 but has since expressed interest in contesting for the Nairobi county seat in the forthcoming election, which has been suspended pending a case filed by Sonko.
The Nairobi office became vacant following the impeachment of Sonko.
Waititu's political career seemed to have taken a wrong turn after EACC seemingly locked him out from holding any public office in the future.
In a statement last month, EACC said all persons offering themselves as independent candidates or seeking party nominations for election must meet the integrity threshold under Chapter 6 of the Constitution.
"The commission considers a person is disqualified from holding public office if the person has as been dismissed or otherwise removed from office for contravention of Chapter 6 of the Constitution or its enabling legislation, in accordance with Article 75(3) of the Constitution," EACC said.
CEO Twalib Mbarak said a person is also disqualified if found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened Chapter 6 as contemplated under Articles 99(2)(h) and 193(2)(g).