Nyeri governor’s seat candidate Dr Thuo Mathenge yesterday petitioned the High Court to nullify the revocation of his nomination by the Independent Electoral and Boundaries Commission (IEBC).
Mathenge cried foul that he was issued with the nomination certificate to contest the seat as an independent candidate on June 2 only to be notified of his disqualification by the IEBC returning officer, Aluisa Kanini Kimani, on June 15.
The aggrieved candidate, through lawyer Kioko Kilukumi, said he stands to suffer tremendous loss and damage by being unlawfully excluded from participating in the August 8 General Election.
The IEBC will soon publish the names of all candidates in the official Kenya Gazette, he said. Mathenge said he learnt from the returning officer that his nomination had been revoked following the June 8 decision by the IEBC Disputes Resolution Committee.
He was neither informed about any complaint regarding his eligibility nor invited to attend the proceedings, he explained in court papers. “The decision to revoke the certificate of nomination in unlawful, unreasonable and procedural unfair in violation of Article 47 (1) of the Constitution.
The committee illegally, unlawfully and without jurisdiction out-sourced its decision-making power to the Leadership and Integrity Committee,” Dr Mathenge pointed out.
He said he was never furnished with the committee’s decision or offered written reasons for the administrative action which have adversely affected his fundamental rights and freedom to seek elective office.