BY SAM ALFAN.
Prospective Presidential aspirant Peter Solomon Gichira wants IEBC chairman chairman Wafula Chebukati committed to civil jail.
Mr Gichira says that the commission led by Chebukati failed to receive his documents for nomination and make a determination within 36 hours as directed by the court on the 16th of this month.
He claims that IEBC willfully disobeyed the orders of the court compelling it to furnish him with the reasons of its decision.
Gichira says that on the 19th of this month he presented his papers for nomination to the IEBC, where the commission officials acknowledged that all but one of his documents were okay. In hi affidavit he says that the IEBC officials told him that the signatures of supporters he had submitted had not met the threshold and consequently went ahead to reject his application for nomination as a presidential candidate.
“The decision taken by the respondents was done hastily and without any regard to the rules of natural justice, “states Gichira
He argues that IEBC rejected his nomination papers and further declined to furnish him with adequate reasons for the same.
“The respondents simple and hastily endorsed its decision on my nomination papers in handwriting and attached a sketchy schedule whose authenticity is highly questionable,” claims Gichira
He argues that he does not know how the respondents arrived at its unverifiable decision adding that he faces an imminent threat of not being allowed to vie as a presidential candidate in the upcoming general elections even after satisfying all the other requirements.
On 16 of June, High court allowed Mr Gichira to present his nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within 36 hours.
“I hereby compel the respondent (IEBC) to receive the applicant’s documents for nomination and make a determination thereon within 36 hours of the said receipt and finish the applicant with reasons for the it’s decision” ordered Odunga.
High Court Judge George Odunga compelled the national elections agency to accept and scrutinize Gichira’s documents and determine his suitability to join the presidential race as an independent candidate.
The candidate should be informed in writing on whether he qualifies to join eight other presidential candidates who have already been vetted and approved to participate in the August 8 General Election, the Judge said.
IEBC was slapped with the cost of the application.
The Chairman of the IEBC, Wafula Chebukati, had maintained that Gichira was time-barred and disqualified from the race for non-compliance with statutory requirements.
But the prospective candidate had through his lawyer Gachie Mwanza claimed the IEBC boss disobeyed express court orders allowing him to present a list of signatures of his supporters beyond the time-lines set by the national elections agency.
Chebukati said in court papers that he did not receive the mandatory nomination lists from Gichira betweenMay 18 and 22 and he did not tender any evidence to prove he complied on May 19.
He said Gichira went to the IEBC offices at Anniversary Towers in Narobi on May 26 with a list of 57,382 names and signatures of his supporters for verification. However, the High Court had not extended time to accommodate him and he was time-barred.
Chebukati explained to Justice Odunga that Gichira did not present his nomination papers at the Kenyatta International Conference Centre between May 28 and 29 or send his authorized representative.
