BY SAM ALFAN.
The High Court in Nairobi has quashed a decision by the Political Parties Disputes Tribunal to disqualify Jubilee Nakuru senatorial candidate Susan Kihika from the Nakuru senatorial race.
Odunga ruled that the Kyalo Mbobu led tribunal had no jurisdiction to hear and determine the case against the nominee.
The court further ruled that the tribunal and subordinate court must act within their ranks and mandate to ensure proper administration of justice.
“The judicial hierarchy of courts and tribunals is very clear in this country and it is important that the tribunal appreciate their rank in the judicial ladder,”noted Odunga.
He further said that the dispute that was before the tribunal was between an independent candidate and a nominee of a political party and it is not a dispute that the tribunal can resolve.
“I have no doubt in my mind that the tribunal had no jurisdiction to embark on the hearing of this petition, apart of that this proceedings had been stopped by this court and so the decision rendered after that was unlawful and was tainted by illegality,”ruled Odunga
Kihika had challenged the decision by PPDT to bar her from contesting for the senatorial seat over allegations that she did not resign from her position at the County Assembly on time as required by law.
Through lawyer Tom Ojienda, Kihika had told the court that PPDT lacked jurisdiction to interpret the Constitution.
The lawyer told the court that the tribunal’s decision to bar her was in bad faith and an excess of its powers.
The lawyer said that the petition that was lodged before the Political Parties Disputes Tribunal raised several issues of the constitutional interpretation, which ought to have been determined by members of the tribunal.
The tribunal chaired by KyaloMbobu on Monday ruled that Kihika was ineligible because she failed to resign from the Office of Speaker of the Nakuru County Assembly before seeking the Senate nomination.
Mbobu also faulted the Jubilee Party for violating the law by presenting Kihika’s name as its candidate for the Nakuru County senatorial contest.
Article 99 of the Constitution states that a candidate who is still a Member of the County Assembly cannot vie for MP before resigning.
The petition against Kihika had been filed by Nominated MCA Margaret WanjiruKiiru who is vying for the seat as an independent candidate.
