•Kuria has been cleared by the Chama Cha Kazi party to vie for the Kiambu Gubernatorial seat in the upcoming general elections set for August 9.
•He argues that section 43 (5) of the Election Act 2011 is unconstitutional as far as the nomination
Image: JOHN KAMAU
Aspiring Kiambu Governor Moses Kuria has challenged a decision by the IEBC requiring him to nominate a deputy governor candidate who resigned from public office at least six months before the General Election, that is if he or she was a civil servant.
Kuria is currently serving as Gatundu South MP.
He has been cleared by the Chama Cha Kazi party to vie for the Kiambu Gubernatorial seat in the upcoming general elections set for August 9.
He argues that section 43 (5) of the Election Act 2011 is unconstitutional as far as the nomination of deputy governor is concerned and wants the court to declare it as so.
The said section stipulates that a public officer who intends to contest an election under this Act shall resign from public office at least six months before the date of election
The Independent and Electoral Boundaries Commission (IEBC)has given the governor and presidential candidates up to May 16 to give names of their deputy governors and running mates respectively.
The nominated candidate must be bound by the provisions of section 43 (5) of the Elections Act.
Kuria says this requirement is unlawful because the said nominees shall not be subjected to the electoral process.
Through lawyer George Omenke, Kuria says the requirement violates aspirants' freedom to nominate a candidate of his choice. S
“The IEBC is intentional in frustrating my right to participate in elections in any capacity which I have already done by requiring me to nominate a candidate who will not be subjected to the electoral process," he says
He says his right to nominate a running mate or deputy governor under article 180 (6) of the constitution has been violated and will continue to be violated unless the court intervenes.
The said section indicates that the IEBC shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor.
He adds that the demand of a running mate to have resigned six months prior to the date of the elections is discriminatory and offends him and other aspirants.
He also argues that section 43 of the elections act is discriminatory in that it does not disclose the criteria on how a running mate should be nominated.
Kuria wants the court to declare as unconstitutional Section 43 (5) of the Election Act 2011 as far as the nomination of deputy governor is concerned.