Activists want Gachagua, 13 others stopped from being sworn-in if they win

Activists who were seeking to stop UDA Running mate Rigathi Gachagua and 13 other politicians from being on the ballot now want the court to bar their swearing in if they win elections.

In a new application, the 12 activists want the court to restrain the politicians from being sworn into office because they have failed the integrity test.

The 14 politicians include Gachagua, Johnson Sakaja, John Waluke, Samuel Arama, Muthomi Njuki, Evans Kidero, Anne Waiguru, Aisha Jumwa, Okoth Obado, Mohammed Ali, Oscar Sudi, Ali Korane, Mburu Mwangi and Ghodana Dhadho.

“Pending hearing and determination of this petition, the court be pleased to issue an order of conservatory injunction to restrain the 13 politicians from being sworn in to their respective electoral office in the event that any of is elected during the august 9 elections,” the application reads.

Through lawyer Kibe Mungai, they argue that if allowed, it would amount to aiding and abetting illegalities if any of the successful candidates is sworn into office.

Early this week, the activists moved to court seeking to stop Gachagua and 13 others from being on the ballot for having integrity issues.

However, while appearing on Friday before Justice Mugure Thande, UDA, Gachagua and other lawyers opposed the case by the activists arguing that the case did not raise any substantial issues.

Lawyer Adrian Kamotho also opposed the application by Kibe for a five-judge bench who would hear the case. Lawyer Elias Mutuma for Johnson Sakaja told court that the application for a bench is an attempt to forum shop.

“its clear from the face of the application where the applicant is actually making certain demands on who should not even sit on that bench,” Mutuma said.

He said the case does not raise any substantial issues to warrant the attention of the single judge sitting in a constitutional not even a five bench.

They also want to be given an opportunity to demonstrate that there is nothing substantial about this petition to warrant constitution of a bench

Mutuma also said its was very unfair for the petitioners to approach court very late in the day precisely three days to the elections, and make demands including asking that the matter should be heard and determined by Monday next week.

“There has been no attempt to explain where the petitioner has been all this while,” Mutuma said.

The case will be heard on Monday next week a day before the general election.

 

“WATCH: The latest videos from the Star”