BY IRENE ONYANGO.
Two Kiambu voters have moved to court to compel the Independent Electrol and Boundaries Commission (IEBC) to remove UDA’s Paul Karungo Thang’wa from the ballot for the Kiambu senatorial race ahead of the August 9 general election.
Charles Maina Kariuki and Samwel Kahara Macharia want the High Court to quash the registration of the United Democratic Alliance party candidate.
It is their argument that the resolution of the Kiambu County Assembly on November 19, 2018 dismissing Thang’wa from his position of County Executive Committee member for Youth Affairs, Sports, ICT, and Communication constitutes dismissal or removal.
They further want the court to declare that the refusal by former Kiambu governor Ferdinand Waititu to act on the county assembly resolution dismissal does not negate or otherwise compromise the validity if the said resolution under article 75(3) and 99(2) (H) of our constitution.
The duo further want the court to declare that Waititu acted unlawfully in declining to act on the MCAs resolution.
“A declaration be issued to declare that the resolution of the County assembly of kiambu made on 19th November, 2019 to dismiss Thang’wa from his position of the County executive Committee member for Youth Affairs, Sports, ICT and Communication has never been challenged in the court by Thang’wa or other person,” seeks the two voters.
They also want the court to declare that by dint of article 75(3) of the constitution, Thang’wa is disqualified from holding the office of Kiambu Senator or any other state office.
“There’s a clear and present danger that unless this court intervenes Thang’wa and UDA which has nominated him might succeed through a combination of deceptive political manoeuvres, legal subterfuge and inadvertent judicial oversight to secure senator seat for Kiambu County despite the fact that Thang’wa is unqualified and not eligible as a candidate on a count of article 75(3) and 99 of the constitution,” says the voters.
They want the file to be forwarded to the chief justice for the empanelling of a three judge bench to hear and determine the matter.