Waititu cleared to vie in Kabete by-election
The High Court has dismissed a petition that sought to block Mr Ferdinand Waititu from vying in the May 4 Kabete by-election.
Mr Justice George Odunga dismissed the application filed by a voter, Mr Geoffrey Mwaki Kimathi, saying that the issues raised in the petition have been overtaken by events.
The judge upheld the preliminary objection raised by lawyer Harrison Kinyanjui for Mr Waititu on grounds that “issues of integrity are dynamic and that where a law has established the mode of resolving a dispute, the court cannot override, but must abide by the prescription of the law.”
The court ruled that the Independent Electoral and Boundaries Commission and Jubilee Alliance Party must have scrutinised his eligibility for the seat before clearing him.
The judge ordered Mr Kimathi to pay half of the cost of the litigation fee.
One more petition against Mr Waitutu’s candidature is pending in court, days before the by-election.
Businessman Benson Riitho Mureithi’s petition is also challenging the eligibility of Mr Waititu.
Mr Ritho has sought an order to stop the May 4 by-election pending the hearing and determination of his petition.
On Tuesday, the judge ruled that IEBC is duty bound by the Constitution to perform its functions.