• UDA has been named as the first respondent in the matter that was filed early this week.
•The voters argue that UDA violated the constitution for showing radical indifference towards its duty to ensure fidelity to integrity and leadership values.
Image: FILE
12 voters now want the court to order the Registrar of Political Parties to deregister UDA for nominating Rigathi Gachagua as running mate despite him having integrity issues.
In a petition filed in court, the voters argue that UDA violated the constitution for showing radical indifference towards its duty to ensure fidelity to integrity and leadership values.
“In the result, the petitioners beseech the court to find that UDA has violated the constitution and proceed to order the register of political parties to commence the process of its deregistration as a political party,” reads court documents.
Through Lawyer Kibe Mungai, they have asked CJ Martha Koome to make sure that the matter is heard and determined by Monday next week a day before the polls.
They want a five-judge bench which excludes Justices Antony Mrima, David Majanja, Chacha Mwita, Mugure Thande and Eunice Ng’etich to determine the case.
They also want 14 other politicians including Gachagua to be barred from contesting in Tuesday polls.
They include Johnson Sakaja, John Waluke, Samuel Arama, Muthomi Njuki, Evans Kidero, Anne Waiguru, Aisha Jumwa, Okoth Obado, Mohammed Ali, Oscar Sudi and Ali Korane.
They also want a mandatory injunction issued to compel the IEBC and EACC to inquire and determine whether Gachagua meets the ethical, leadership and integrity provisions to be gazetted as a candidate for the position of DP.
Kibe says Deputy President William Ruto errored by nominating Gachagua as his running mate despite the heavy cases on his shoulders.
He argues that Kenya is facing a real spectre that a government which is non-compliant with the constitution, particularly chapter six on leadership and integrity might be established after the coming elections in the event that UDA presidential candidates emerge victorious.
Kibe avers that by nominating a presidential running mate burdened by a heavy load of serious criminality likely to result in a conviction, Ruto has set up the state for the eventual replacement of Gachagua with a non-elected Deputy president.
Kibe further says that after Gachagua was gazetted as the running mate, the court ordered him to forfeit Sh 202 Million held in his accounts after he failed to explain its source.
The voters are challenging the 2013 judgment that endorsed the Jubilee candidate President Uhuru Kenyatta and William Ruto's running mate even though they had cases at the Hague.
“The jurisprudence legacy of the said case has been to afford easy clearance by IEBC of every rogue, suspected, indicted and convicted criminal s and other free felons to contest for political office in Kenya,” reads court documents.
Kibe also says that Interior CS Fred Matiangi has consistently warned that Kenya’s Parliament is on the verge of falling into the control of certified rogues and criminals.
The voters want the court to also determine whether a higher threshold should apply to the vetting of the integrity, leadership and morality of presidential candidates and their running mates.
They also argue that Gachagua was not vetted by the IEBC and EACC to establish whether he is fit, suitable and possessed of the integrity and honour to be the DP.
“It's important for the court to revisit the 2013 judgement in order to lay down a restatement of the law that would make it practical to apply, enforce and implement chapter six in a robust and effective manner,” Kibe says.
He has accused IEBC of failing to prevent the candidature of an entire parade of "rogues, suspected, indicted and convicted criminals" and other free felons
“We believe that it's possible to ensure that the outcome of the general elections will not be the establishment of the government headed by an aristocracy of free felons,” the petition reads.
The case will be mentioned on Friday for directions