Court allows ex-Uhuru aide to vie for Kabete seat
High Court has allowed former State House staffer Wilson Mburu to contest the Kabete seat.
Justice Isaac Lenaola argued that the law requiring State officers to resign six months to elections is unconstitutional.
Mr Mburu, in his suit, had challenged Section 43(5) of the Constitution that requires a State or public officer to resign at least six months before an election.
Mr Mburu resigned as a State House officer on February 9, and according to Section 43 (5) of the constitution, a state or public officer needs to resign at least six months before an election.
In the suit, he argued that he satisfies all the qualifications as required under a Article 99 of the Constitution to contest the election, but is only barred by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution.
The Kabete parliamentary seat fell vacant following the death of Member of Parliament George Muchai who was fatally gunned down with his three aides.