• The IEBC Dispute Resolution Committee has said that Mariga is a duly registered voter and is eligible to contest the November 7 by-election
A post shared on Facebook by KTN Kenya claiming that the Independent Electoral and Boundaries Commission’s Dispute Resolution Committee has cleared McDonald Mariga to run in the upcoming Kibra parliamentary by election is TRUE.
The post adds that Mariga is a duly registered voter and will be Jubilee’s candidate in the Kibra by-election.
On September 10, IEBC returning officer for Kibra Beatrice Muli invalidated Mariga’s candidature on grounds that he was not a registered voter as is required in Chapter 8 of the Constitution of Kenya.
Mariga filed an appeal challenging IEBC’s decision to invalidate his candidature for the by-election set for November 7. In his complaint, he stated that he registered as a voter on August 26, 2019 at the Kariokor Social Hall polling station. The IEBC Dispute Resolution Committee heard submissions from interested parties on September 13, and delivered a ruling on the matter on September 16.
The Dispute Resolution Committee is expected to hear submission from the complainant, the respondents and from other interested parties who have been enjoined in the matter, then make a ruling #byelections2019 pic.twitter.com/tk9c4hJFip
— IEBC (@IEBCKenya) September 13, 2019
In the ruling the IEBC’s Dispute Resolution committee reversed the decision invalidating Mariga’s candidature. The committee chaired by the commission chair Wafula Chebukati reversed the ruling on the grounds that Mariga is a duly registered voter in Starehe constituency, and therefore eligible to contest the Kibra by-elections. Chebukati directed the commission’s returning officer to process Mariga’s application as stipulated by the law.
Following the ruling, IEBC returning officer for Kibra issued Mariga with a nomination certificate.
Jubilee party nominee MacDonald Mariga who was today cleared by the Dispute Resolution Committee to vie for the Kibra MNA by election has been issued with a nomination certificate by the Returning officer #byelections2019 pic.twitter.com/cdL9QdGTjP
— IEBC (@IEBCKenya) September 16, 2019
As of September 10, the commission had cleared 23 out of 30 aspirants who had registered to vie for the by-election.
30 aspirants registered to vie for Kibra MNA by election. 23 candidates have been cleared by the Commission; 16 are political party candidates while 7 are independent candidates. 7 aspirants were either disqualified or did not appear for clearance #talkwithIEBC #byelections2019 pic.twitter.com/XTGEhxU1M9
— IEBC (@IEBCKenya) September 10, 2019
PesaCheck has looked into the claim that IEBC’S disputes resolutions tribunal has cleared footballer Mariga to run in the upcoming Kibra by election and finds it to be TRUE.
This post is part of an ongoing series of PesaCheck fact-checks examining content marked as potential misinformation on Facebook and other social media platforms.
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This fact-check was written by PesaCheck Researcher James Okong’o, was edited by PesaCheck Deputy Editor Ann Ngengere and was approved for publication by PesaCheck Managing Editor Eric Mugendi.