The High Court has delivered its ruling regarding a case filed by a presidential aspirant Jimi Wanjigi against the Independent Electoral and Boundaries Commission.
High Court rules on Wanjigi's petition to compell IEBC to clear him
Jimi Wanjigi was seeking to compell the IEBC to clear him to vie for president
Wanjigi, through his lawyer Omwanza Ombati, wanted IEBC Chair Wafula Chebukati compelled to include him in the list of cleared presidential candidates, despite not having a degree.
However, High Court Judge Justice Jarius Ngahh threw out the petition citing that it lacked merit.
Wanjigi has argued that he had finished his studies at Daystar University and would graduate in December 2022.
He further claimed that because the Commission for University Education (CUE) had approved him, the IEBC was violating his rights by not allowing him to run in the August 9 elections.
The lawyer further said that the IEBC had previously stated that it lacked jurisdiction to decide on a candidate's academic credentials once CUE had granted their approval.
The commission failed to clear Wanjigi on June 6 after he failed to present a physical degree to the national returning officer.
The Safina party presidential aspirant also provided a letter confirming that he was due to graduate from Daystar University in December.
Wanjigi's agents challenged Chebukati's decision to lock out the Safina candidate arguing that the IEBC had cleared Walter Mong’are alias Nyambane whom he claimed presented the same letter from the university.
The presidential aspirant then grabbed the mic from his agent and addressed Chebukati, warning the IEBC chair that he would not get away with it.
"It is very clear what is going on. There is an elimination process that is being decided somewhere else. You cannot apply different rules to different people and if this is the intention then I fear greatly for the coming election," Wanjigi said.
"We have been in touch with this commission. We even had a pre-nomination conference with your people. We were told all the documents are in order. We are privy of a previous candidate being passed on the same documentation (education) as we have presented and we were told it is okay.
"You used that discretion on another candidate but you don't want to use it on me. I want to say categorically hear that there is an elimination going on because some people don't want to see me on the ballot and you will not get away with it. This is a country of laws and adheres to the constitution," Wanjigi cautioned before Chebukati tried to cut short his impromptu address.
"Don't try and cut me, don't cut me, don't cut me," the businessman repeated to Chebukati before his mic was switched off.
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