NAIROBI, Kenya, Oct 18- The Independent Electoral and Boundaries Commission(IEBC) has directed Jubilee Candidate MacDonald Mariga to file afresh his application in which he wants his competitor on an ODM ticket Imran Okoth to be disqualified for the November 7 Kibra Parliamentary by-election for allegedly causing violence during campaigns.
In a decision delivered by IEBC Chairman Wafula Chebukati on Friday, the application was not in compliance with the law and asked Mariga to submit a fresh complaint by Tuesday next week.
“In making its determination, the commission is aware of the provisions that provide for undue regard to technicality and judgment pronounced on the same but in this particular case reference is made to existing procedures already gazetted to guide in the management of disputes and violations of the code,” Chebukati said.
Orange Democratic Movement Party (ODM) through its Secretary-General Edwin Sifuna and Ruaraka MP T.J Kajwang who is also the party’s lawyer had their initial application in which they were challenging the Electoral Code of Conduct Committee, saying it was not properly constituted.
They also protested over Mariga’s witness for not tabling a written oath and remained adamant that the hearing could not take place based on an oral oath urging the IEBC chairman to dismiss the complaint.
“With all due respect I am not here to dispute your power to handle an election, but jurisdiction is everything and we feel a committee of three members is not fit to hear and determine the case and give a ruling on this matter. We need a committee of 5 members and above,” Kajwang said
The commission, however, dismissed that preliminary objection and maintained that the three-member commission is capable and properly constituted to hear and determine any electoral case.
Kajwang subsequently asked the Committee to dismiss the petition because it was vague and lacked substance.
“This is not a regulation issue, but a substance issue and my client is yet to be served with evidence and we are not even aware of what we will be answering to because the complainant has raised vague allegations,” Kajwang said.
Mariga’s lawyer Oliver Kipchumba however, insisted that the matter at hand was urgent and IEBC commission led by Chebukati was in a position to hear and determine it.
“We do not have the luxury of time to keep raising issues here and objecting everything. We are confident in your ability to deal with this case and our wish is to continue with hearings as soon as possible,” Kipchumba said.
One person was injured when rowdy youths allegedly allied to ODM clashed in Kibra where a by-election is being held to replace Ken Okoth who succumbed to cancer.
