Justice Stella Mutuku who dismissed and downed her tools in appeal before her.


High court Judge Stella Mutuku downed her tools in an appeal filed by the incumbent Gilgil Member of Parliament Mathenge Nderitu over a missing file.

Justice Mutuku said she could not make final determinations in the appeal as filed since it did not contain the proceedings of Political Parties Dispute Tribunal and which was subject to the appeal could not be traced.

She dismissed the appeal but said Nderitu was at liberty to file another appeal once he gets the file.

“I have downed my tools because I cannot be able to make an informed judgment without any record from Political Parties Dispute Tribunal. I have noted the appellant did not make an effort to get even copies of the judgment from the tribunal,” she said in the ruling.

The sitting Member of Parliament Mathenge Ndiritu moved to the high court to challenge the Political Parties Dispute Tribunal ruling that ruled that Jubilee party issue the nomination certificate to Martha Wangare.

Wangare has urged the court to dismiss the appeal saying that votes cast in the 8 polling stations cannot be recounted since Ndiritu tampered with the election results in the said polling station, making a recount is impossible.

Through lawyer George Kithi, Martha Wangare says that it’s blatant criminal act on Ndiritu to consistently and persistently utter a false document being a Jubilee Party Preliminary Certificate.

“There is nothing called preliminary certificate in Jubilee Party and the only thing that exist is provision certificate. Impunity in this country must be arrested” Lawyer Kithi submitted.

He argued the evidence by Nderitu was speculative and Senator Wangare was duly elected Jubilee candidate for Gilgil Constituency and she was the constituents’ choice.

Mr Kithi trashed the appeal by the sitting MP referring to it as an academic exercise. He further claimed he was served on Sunday when then the lists of candidate was already presented to the IEBC.

She argued that the impugned certificate is fraudulent which was prepared by Ndiritu even before the nomination exercise.

Ndiritu says that the political party Dispute Tribunal misled itself on the facts and law adding that his constitutionally guaranteed political rights are being illegally and capriciously limited to his disadvantage and to the great disadvantage of the people of Gilgil Constituency.