BY SAM ALFAN.
Former Laikipia West Member of Parliament Nderitu Muriithi who is also gubernatorial candidate Laikipia County has suffered a major blow.
This after High court upheld tribunals ruling and dismisses an appeal by Nderitu’s that sought to overturn the tribunals ruling which ordered jubilee party to issue the incumbent with the certificate.
Justice Aggrey Muchelule ruled that Muriithi is not a member of Jubilee Party and therefor he cannot be issued with the party certificate or challenge the party decision..
“Political Party Disputes Tribunal did not error in awarding Irungu with the nomination certificate and therefore I upheld its decision,” said Muchelule in his short ruling.
Murithi had appealed against the decision by the Political Parties Dispute Resolution Tribunal to grant Joshua Irungu with a nominations certificate.
Mr Nderitu filed an appeal in the high court claiming that PPDT erred in fact and in law in presuming the entire population are members of the Jubilee Party and therefore entitled as a matter of right to participate in party nominations.
“PPDT member’s erred in law by failing to recognize that the party nominations are not open to all voters and thus discrimination laws do not apply,” said Murrithi.
He continued that PPDT member’s erred in law by interfering with the discretion of the Jubilee party.
In the appeal, Muriithi had argued that PPDT’s decision was a nullity of law. In response Irungu said that Muriithi is not even a member of Jubilee party.
“Muriithi is no longer a member of Jubilee Party and can therefore be granted rights that are a privilege to party members, “said Irungu.
Irugu’s lawyer Tom Ojienda responded that the registrar of political parties had confirmed that Muriithi ceased to be a member of Jubilee Party on May 8, 2017.
Jubilee Party had been given 12 hours to issue Laikipia Governor Joshua Irungu with a nominations certificate by the PPDT.
PPDT chairman Kyalo Mbobu warned on Monday that the party risks contempt charges if it fails to comply with the orders.
The party was on Thursday last week barred from issuing a certificate, cancelling or re-tallying the votes to alter the incumbent’s win.
Governor Irungu filed the application after Jubilee appeals tribunal nullified results of two polling stations in Laikipia North constituency.
The tribunal directed that Irungu’s win stands until the application is heard and determined.
The county boss raised suspicions that Jubilee wants to shortchange him in favor of his competitor Nderitu Mureithi.
The Political Parties Dispute Tribunal had ruled that Mr Irungu won fairly and that he should fly the JP flag thereby sealing the fate of two other aspirants, Nderitu Mureithi and former Foreign Affairs Permanent Secretary Thuita Mwangi.
Tribunal members Kyalo Mbobu, James Atemi and Hassan Abdi ruled they were convinced that Mr Irungu had fairly won the primary.
