Jan, 8th 2021 – The High court has barred the Independent Electoral and Boundaries Commission and Ethics and Anti-Corruption Commission from commenting on the merits of former Kiambu Governor Ferdinand Waititu’s interest, in the Nairobi gubernatorial seat.
Justice Anthony Mrima, directed the parties to a petition filed by Waititu to act with restraint by ensuring the proceedings before court are not discussed outside the jurisdiction of the court.
He said, “I direct the lawyers in this matter to advise their clients to respect doctrine of subjudice.”
The former governor, who was impeached over a 588 million shilling graft case, said the actions by the IEBC to bar him, amounted to denial of his political rights, and denial of right to fair trial which is guaranteed under the constitution.
Waititu in his court papers said, “I will continue to suffer without the intervention of this honorable court which ought to look at the process that was both illegal and procedural leading to the decision that has been stated by the first respondent (IEBC).”
The directive was from a complaint raised by Waititu through lawyer John Swaka who told the court that IEBC and EACC had been commenting on the merits of the petition before the court makes a finding.
The judge directed the two agencies to file their responses responding to where Waititu sued the agencies for attempting to bar him from contesting in the Nairobi gubernatorial election.
He moved to court on the 31st of December 2020 arguing that Wafula Chebukati, IEBC Chairperson had barred him from running for the seat reason being that anyone who has been impeached cannot run for an elective seat.
According to Waititu, he says that he has complied with all the electoral guidelines. “As it stands, I have not been convicted of any crime and have fully complied with all electoral guidelines provided when running for the aforementioned electoral position.”
Waititu’s petition will be heard on the 1st of February.