The High Court yesterday dismissed a case filed by former Kilome MP Harun Mwau seeking to stop the fresh presidential elections until nominations are done. Justice Chacha Mwita threw out the case on grounds of lacking jurisdiction.
“I find and hold that this court has no jurisdiction to deal with the petition before it has the issues raised in the petition fall within the jurisdiction of the Supreme Court,” he ruled.
Justice Mwita also said the effect of Mwau’s petition was to circumvent the Supreme Court order for IEBC to conduct fresh elections within 60 days. “It is important that this court remains faithful to the jurisdiction granted to it by the Constitution.
I hereby decline the petition and strike it out,” he ruled. The former MP (pictured) wanted IEBC and its chair Wafula Chebukati compelled to conduct fresh nominations before organising the repeat election. He claimed that the Supreme Court ruling directed IEBC to hold fresh polls which meant candidates should be nominated as per the Elections Act.
Through lawyer Benjamin Musyoki, Mwau also claimed that the IEBC gazette notice of September 5 which was later amended to include all other presidential candidates violated the Constitution.
According to him, the move by IEBC flouted the provisions of the Constitution and electoral laws and this might lead to nullification of the election yet again. However, IEBC and President Uhuru Kenyatta filed preliminary objection that the High Court had no jurisdiction to determine the matter.