BY SAM ALFAN.
Businessman Jimi Wanjigi has suffered a major blow after the Court of Appeal rejected his attempt to be included in the presidential ballot papers for the August 8 General Election.
A bench of three judges of the court of appeal said Wanjigi failed to table evidence proving that the electoral body chairman Wafula Chebukati was biased against him.
The appellate court judges said that other than the bland assertion that the chairperson of the Independent Electoral and Boundaries Commission (IEBC) was biased because he had acted as an advocate for the the commission Resolution committee, Wanjigi placed no other material.
“The bias that the appellant apprehension is based on the fact that the chairperson of the 3rd respondent, in his capacity as an advocate had acted for the 1st respondent. Unfortunately, other than stating that it was in a miscellaneous application, the appellant did not give any details about the nature or character of the dispute. Reasonable likelihood has to be demonstrated and is not satisfied by mere suspicion,” said the judges.
Court of Appeal judges comprising of Asike Makhandia,
Kathurima M’inoti and Hellen Omondi
ruled that Wanjigi’s appeal had no merit and dismissed it with costs to the IEBC.
Chebukati declined to clear Wanjigi for lack of a university degree as required by section 22(2) of the Elections Act.
The IEBC chairman also said Wanjigi failed to get at least 2,000 signatures of voters each, from at least 24 counties as required by section 23(1) (d) of the
Elections Act) and there was lack of nomination certificate by Safina party for Wanjigi’s running mate.