Businessman Jimi Wajingi suffered setback on Friday after the Supreme Court dismissed his appeal in which he challenged the IEBC decision to lock him out of the August 2022 presidential election.
Wanjigi had filed the appeal challenging the decision by the High Court and Court of Appeal to lock him out of the August 8 presidential elections for not having a degree.
In their judgment, the apex court ruled that their jurisdiction was only on issues involving the interpretation or application of the Constitution, which constitutional issues had been considered and determined by two lower courts.
“The Supreme Court is not an open forum for all cases from the appellate court on judicial review matters,” the court ruled.
The court noted that Wanjigi had invited the apex court to reappraise the evidence and make its own conclusion that resonated with him.
“The appellant having not sustained a case that raises any constitutional issues, interpretation or application, divested the court of the jurisdiction to hear and determine the appeal under Article 163(4)(a) of the Constitution,” the court ruled.
The judges further ruled that the appeal was not a matter for the court to address itself to the remaining issues as urged for the sake of posterity, as Wanjigi did not show the existence of any constitutional moment to be seized.
The court further said this was because qualifications and nomination of candidates will continue to be addressed as and when they arise based on peculiar circumstances.
He had argued that both the High Court and the Court of Appeal did not handle his cases as is required by law thereby leading to him missing out on his constitutional right to vote and be on the ballot.
Justices Asike Makhandia, Kathurima M’inoti and Hellen Omondi had dismissed his appeal with costs to IEBC.
However, the Supreme Court has not slapped him with costs but directed that each party will bear their own costs of the case.
Wanjigi had moved to the High Court after the IEBC panel upheld the decision by the commission not the clear him for lack of academic papers and not having enough signatures.
