BY SAM ALFAN.
Muranga governor Mwangi Wa Iria has been cleared to vie for governor through jubilee party.
This after High court this evening upheld the nomination of Mwangi Wa Iria as the jubilee nominee for Murang’a County governor seat.
“My finding is that the national appeals tribunal approached this case with a deeper insight having known from their own machinery how many registered voters are in Muranga County and the Political Parties Dispute Tribunal did not interrogate this issue with the seriousness it deserved” ruled Judge
Justice Hedwig Ong’undi said that the appeal by Wa Iria has merit saying that Wa Iria nomination was valid.
“The declaration of Mwangi wa Iria as the duly nominated Jubilee Party Candidate for the position of governor in Muranga County is hereby upheld,” court ruled.
The court further ruled that the register the Political Parties Dispute Tribunal relied on to make its findings was not up-to-date.
“There is nothing that stopped PPDT from directing IEBC to avail the part list submitted to it by Jubilee Party, “Ruled Ong’undi.
The judge noted that the tribunal did not interrogate the issues raised by Wa Iria with seriousness adding that it failed to evaluate evidence given from both sides to enable to arrive as a balanced decision over the matter.
“The issue of over voting was not established with the standard required for overturning an election,” judge ruled
The court also noted that Jamleck Kamau was accorded an opportunity at the National appeals Tribunal therefore dismissed Kamau’s claims that he was never given a fair trial by the tribunal.
Court heard that Kamau never went back to the appeal to have the orders set aside instead he opted to have the matter be heard and determined by the political parties Tribunal.
“At the end of the exercise , the appellant -Wa Iria was declared the winner by the County Returning Officer and was issued with a nomination certificate which rightly belong to him and it will not be taken away from him as this appeal was not opposed, “court ruled
In the appeal Wa Iria had argued that the tribunal erred in law and fact in issuing directions based on the 2013 register adding that Kigumo MP Jamleck Kamau, had announced that he would not participate in the repeat nominations as directed by the Political Parties Tribunal.
