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Court to decide on Gachagua's candidature suit today

The ruling comes even after the last batch of ballot papers arrived in the country awaiting distribution to other parts of the country

Mathira MP and UDA politician Rigathi Gachagua during a church service in Kiambu County on March 13, 2022

The High Court is today expected to make a ruling on whether to stop the Kenya Kwanza presidential running-mate Geoffrey Rigathi Gachagua and 14 other aspirants from contesting in the August 9 polls.

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This is after 12 activists filed an urgent suit in the High Court of Kenya challenging their candidature which Justice Mugure Thande, directed be heard today.

According to the petition, the activists want the High Court to block the candidates from vying in next week’s polls citing integrity issues and an order from the court that assumption of innocence does not apply to criminal suspects seeking public elective seats.

The lobbyists, through lawyer Kibe Mungai, demand the court to judge whether Gachagua is eligible to hold any public office after the recent High Court ruling, directing him to forfeit Sh202 million to the government.

However, Gachagua petitioned against the order justifying that Justice Esther Maina was biased after rejecting oral evidence

Further, they highlighted that the court should direct the electoral commission and the Ethics and Anti Corruption Commission (EACC) to investigate the Mathira Mp and file their report on the findings and determination to the court.

That a mandatory injunction is issued to compel IEBC and EACC to inquire whether Gachagua meets the moral, ethical, leadership, and integrity provisions envisaged under Article 99(2)(b) and Chapter Six of the Constitution to be registered and or gazetted as a candidate for the position of deputy president,” the petitioners seek.

The activists also want the matter to be directed to Chief Justice Martha Koome to designate a bench of not less than five judges to hear and determine the suit.

The other 14 aspirants who the activist wants the High Court to block from contesting United Democratic Alliance Nairobi gubernatorial candidate Johnson Sakaja, Aisha Jumwa (Kilifi), Mohamud Ali Mohamed (Marsabit), Muthomi Njuki (Tharaka Nithi), Evans Kidero (Homa Bay), Ali Korane (Garissa) and Dhadho Godana (Tana River), John Waluke (Sirisia), Samuel Arama (Nakuru Town West), Oscar Sudi (Kapseret), and Migori Governor Okoth Obado.

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