Friday, May 20, 2011
This follows a case filed by businessman Waweru Mwangi of the National Vision Party seeking to stop the by-election on grounds that he was unfairly blocked by the Interim Independent Electoral Commission (IIEC) from handing in his nomination papers.
Justice Daniel Musinga ruled that the nomination process was flawed and the court must discharge its constitutional mandate in promoting the rule of law.
He added that the IIEC through its Returning Officer violated the petitioner's fundamental rights to be a candidate for Kamukunji by-election which he describing it as violation of the rule of law.
The court ruled that by law, the Returning officer was required to receive the petitioner's papers, scrutinize them and if anomalies were found he would have returned them to the petitioner and that would leave no room for speculation.
Through his lawyer Kibe Mungai, Waweru told the court he was duly issued with a certificate of nomination by his party as required by the IIEC but claims the electoral body refused to allocate time for him to present his papers.
The order will remain in force until the case is heard and determined.
Meanwhile, Legal experts say that the IIEC has no option but to reschedule the Kamukunji by-election following the order by the High Court.
Constitutional Lawyer Paul Muite says the ruling has immense legal implications adding that IIEC has no time to appeal since the polls were set for Monday.
Speaking to Kenya Broadcasting Corporation on phone, Muite said political parties will have to hold fresh nominations.
Elsewhere, the Orange Democratic Party-ODM has expressesed shock and disbelief at the last minute decision by the High Court to stop the highly anticipated Kamukunji by-Election.
ODM Executive Director Ms. Janet Ong'era says the court has again has been used to rob ODM of resounding victory.
"It is a fact that the ruling has come at a time when our candidate Mr. Ibrahim Ahmed was geared for victory in next week's Monday by-election."
Source: KBC