BY NT SAM ALFAN.
Independent presidential aspirant Peter Solomon Gichira walked inside a courtroom at 10:30 a.m in the morning with a smiling face followed by a group of supporters.
Gichira who appeared before Nairobi Chief Magistrate Francis Andayi denied three counts of attempting murder, creating disturbance, and malicious damage to property.
The court heard that the accused committed the offense on May 27, 2017 at Independent Electoral and Boundaries Commission offices in Nairobi (IEBC) at Anniversary Towers sixth floor in Nairobi within Nairobi County.
It is alleged he attempted to kill himself by trying to jump off sixth floor through the Window of the chairman of IEBC at the Anniversary Towers building.
In the second count he is accused of creating disturbance in a manner likely to cause a breach of peace by shouting and demanding for an explanation for being barred from vying as an Independent Presidential aspirant thus interrupting the smooth operations of the offices.
He was finally charged with malicious damage to property contrary to the law on similar dates and place.
A group of his supporters were camping outside the Milimani law Courts carrying banners of their potential presidential aspirant.
HIGH Court on Friday nullified restrictions to independent presidential candidates to enlist at least 48,000 supporters countrywide who have no political party affiliation.
The court outlawed the requirement by the Independent Election and Boundaries Commission (IEBC) that independent presidential aspirants submit signatures of their 2,000 nominees from 24 Counties through electronic format.
Justice George Odunga ruled that Section 29 of the Elections Act-which imposed the sanctions exclusively on presidential candidates-contravened Article 27 of the Constitution that enshrines freedom from discrimination.
Interestingly, the regulations do not apply to prospective candidates for Governor, Senator, Member of Parliament, Women Representative and Member of County Assembly (MCA).
“I declare that the requirement issued by IEBC on May 17 that presidential aspirants do submit their nomination signatures by way of Microsoft Excel is unlawful and unconstitutional,” Justice Odunga said.
“The IEBC went overboard and purported to unlawfully and unjustifiably restrict or limit the rights of such candidates to exercise their political rights under the Constitution. I find that the requirement does not meet the fairness and reasonability test as provided for under Article 24 of the Constitution,” the Judge observed.
The Judge said the requirement that presidential candidates could only be nominated by members of their political party “contravenes Articles 27 (2) and (4) and Article 137 (1) (d) of the Constitution and is, therefore, null and void.”
Justice Odunga allowed the petition lodged by independent presidential aspirant Solomon Gichira, who had protested that he was likely to be locked out of the race based on unlawful and contradictory regulations passed by Parliament.
Lawyer Paul Nyamodi had argued that the IEBC was merely following the law and did not give preferential treatment to any of the prospective presidential contender.
