Judge clears Ferdinand Waititu to vie for Kabete seat

Former Embakasi MP Ferdinand Waititu is free to run in the Kabete by-election.

The High Court in Nairobi on Monday threw out a petition filed by a voter seeking to block Mr Waititu from vying in the May 4 poll.

Mr Justice George Odunga dismissed the application by Mr Geoffrey Mwaki Kimathi, saying the issues he raised had been overtaken by events.

The judge upheld the preliminary objection raised by lawyer Harrison Kinyanjui, for Mr Waititu, on the grounds that “issues of integrity are dynamic and that where a law has established the mode of resolving a dispute, the court cannot override, but must abide by the prescription of the law”.

COST BURDEN

The court ruled that the Independent Electoral and Boundaries Commission and the Jubilee Alliance Party, having cleared Mr Waititu, must have scrutinised his eligibility.

The judge ruled that the Constitution requires the IEBC to perform its functions in accordance with the law and legislation in clearing candidates for political seats.

The court, Judge Odunga rules, lacked the jurisdiction to deal with the matter.

Mr Mwaki has been ordered to pay half of the case bill.

ONE MORE CASE

One more petition against Mr Waitutu’s candidature is awaiting determination before the court.

The case by Mr Benson Riitho Mureithi is also about the integrity of Mr Waititu.

Mr Ritho has sought an order to have the by-election stopped pending the hearing and determination of his petition.

The former Water assistant minister is gunning for the seat that fell vacant following the murder of Mr George Muchai in Nairobi's city centre on February 7.