2022 polls: High Court declines to stop Linturi, Kawira from contesting
Woman Rep Kawira Mwangaza (second right) together with her husband Murega Baichu (second left) leave the Meru High Court on June 2, 2022
The High Court on Friday declined to bar Meru Woman Rep Kawira Mwangaza and Senator Mithika Linturi from presenting their nomination papers to the electoral commission.
A petitioner had challenged their candidacy in court.
Justice Edward Muriithi said the role to nominate and clear candidates to contest any post lay with the IEBC and the courts only arbitrated if petitioners had exhausted that forum.
He said barring the two from contesting would interfere with the legal mandate of the IEBC.
"The court is mindful that the nomination process has been initiated and the nomination day has been set by gazettement in the official Kenya gazette and the aspirants have made corresponding arrangements. The application seeks to interfere with the mandate of IEBC and the court will not take it lightly," he said.
The judge also questioned the credibility of the evidence presented by the petitioners to prove that Mr Linturi and Ms Mwangaza possessed fake degrees.
Ms and Mr Linturi welcomed the decision and blamed governor Kiraitu Murungi for their predicament.
“I want to thank the Lord because it is His doing... The governor has for long been accusing me of not having papers to contest. The door that the Lord has opened, no one can shut," said Ms Mwangaza.
Justice Muriithi fixed the matter for mention on June 6, 2022.
Mr Dickson Mwenda alleges that Ms Mwangaza and her running mate Isaac M’Ethingia possess forged academic papers and thus should not be cleared when they present them on Saturday.
The other petitioner, Mr Joseph Karithi claims that Mr Linturi does not have a valid degree from a recognized university and should therefore be disqualified.
“He does not meet the mandatory requirements of Articles 180 and 193 of the Constitution of Kenya and section 22 (2) of the Elections Act, 2011,” he said through lawyer Michael Otieno.
They want the court to compel IEBC to deny Ms Kawira and Mr Linturi certificates to contest the August 9 polls where they are challenging incumbent Kiraitu Murungi.
However, Ms Mwangaza, Mr M’Ethingia and Mr Linturi urged the court to dismiss the petitions arguing that they were motivated by malice and only meant to waste court's time and derail the respondents.
They told Justice Edward Muriithi that IEBC had powers to hear matters arising from the nomination process and the petitioners should have pursued that avenue first before moving to court.
Through lawyers Mugambi Kiogora and Muthomi Thiankolu appearing for Mr Linturi, together with Mr Dickson Munene who is representing Ms Kawira and Mr M’Ethingia, they want the petitions struck out.
The IEBC through lawyer Charles Mwongela asked the judge to refer the matters to the Chief Justice so that they can be handled by a three-judge bench that is hearing cases touching on eligibility.
Justices David Majanja, Chacha Mwita and Mugure Thande are hearing petitions seeking to mainly determine if persons who have been impeached can run for office.
