Njenga backed as Okiya Omtatah heads to court to sue Uhuru's Jubilee for constitutional violation
Omtatah argues that the demands by the respondents contravenes article 24 of the 2010 constitution thus demanding the court to compel them to drop the demands.
Omtatah has sued the parties for imposing illegal requirements on all candidates seeking elective positions thought them in the August elections.
The respondents circulated adverts in local dailies requiring aspirants seeking nomination on their tickets to have clearance from the Kenya Revenue Authority, Higher Education Loans Board, Ethics and Anti-Corruption Commission, a credit reference bureau and the Directorate of Criminal Investigations.
In his lawsuit, Omtatah argues that the demands by the respondents contravenes article 24 of the 2010 constitution thus demanding the court to compel them to drop the demands.
He adds that clearance documentations required by the mentioned parties are not specified in the Constitution and goes against the principle of being presumed innocent until proven guilty.
He argues that requiring clearance certificates from the aforementioned agencies presumes that those contesting political office are guilty of defaulting on their loans, taxes and are criminals.
“The presumption here is that everybody is a criminal, until and unless declared otherwise by the Police,” Omtatah told the press.
The lawsuit filed by Omtatah trolls yet another lawsuit by former Mungiki sect leader Maina Njenga who moved to court to contest the "unfair treatment" by the Jubilee Party last week Friday when his nomination papers were rejected, citing integrity issues.
The constitution, however, provides in Chapter six on Leadership and Integrity, that the holder of a public office, whether elective or by virtue of their skills, be integral in line with the chapter.
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