- During the hearing, the Independent Electoral and Boundaries Commission (IEBC) said Gachoka did not belong to the National Rainbow Coalition (NARC).
Image: SHABAN OMAR
The High court has dismissed an election petition by Journalist Tony Gachoka in which he was challenging the omission of his name from the Narc party's list of candidates for the National Assembly.
Judge Eric Ogola said the Law only allows registered members of a party to be qualified for nomination.
Gachoka in this case was partyless.
During the hearing, the Independent Electoral and Boundaries Commission (IEBC) said Gachoka did not belong to the National Rainbow Coalition (NARC).
The commission cited documents from the office of the registrar of political parties showing Gachoka does not belong to any registered party.
“And even if he belonged to Narc, the party still did not qualify,” said IEBC.
Justice Ogola in dismissing the petition was in agreement with IEBC saying even if Gachoka was a member of Narc, he could not have been nominated because the said party did not qualify for a nomination slot.
Gachoka had claimed that he was to be nominated by the National Rainbow Coalition under the Azimio Coalition as a person living with a disability but realized that his name was not on the list published by the IEBC.
Through his Lawyer Cecil Miller, he cited a letter by party leader Charity Ngilu which he said confirms his nomination to the assembly to represent persons living with disabilities.
He stated that after he resigned from the Orange Democratic Party (ODM) and joined NARC, Ngilu assured him that he would be top on the list for nomination to represent people living with disabilities in Parliament.
But Judge Ogola observed that at the time the promise was made by Ngilu, Narc had already submitted its party list to IEBC.
Ngilu in the words of the Judge promised Gachoka the ‘impossible’.
“She cannot act outside the statute to meet Gachoka’s expectation. And even if he was a member of Narc, he could not have been nominated because Narc did not qualify for a nomination slot."
On whether Gachoka was a member of the Azimio coalition after resigning from ODM and before joining Narc, the Judge said no person can belong to two parties.
He cited the political parties Act which indicates that no one should belong to more than one political party and that Gachoka could not have been a member of both parties.
He further faulted him for failing to adduce any evidence to show that he followed rules to become a member of the Narc party.
Gachoka in his suit papers claimed he is a member of both Narc Kenya and Azimio la Umoja coalition.
“I submit that the fact Gachoka was moving from ODM to Narc Kenya while still under the Azimio coalition should not be used against him or to declare him party less as has been alleged by the Narc and IEBC in order to deny him appearing in the list,” said Miller during the hearing of the case.