Former Kiambu governor Ferdinand Waititu has sued the IEBC and Ethics and Anti Corruption Commission (EACC) for violation and threatened violation of his rights.
In a petition filed as urgent at the Hight Court, Ferdinand Waititu who has expressed his interest in the Nairobi gubernatorial election accused the two commissions of suggesting they will block his candidature.
The Attorney General has been listed as a respondent in the case that Babayao, as he is also called, wants the court to pronounce itself.
Through his lawyer John Sakwa, Ferdinand Waititu insists the law allows him to vie for an elective office despite having been impeached by the Senate, citing articles 193 and 99 in the constitution.
The articles allow a person whose integrity has been questioned, for instance, through an impeachment, to run for office as long as they have not exhausted all avenues in challenging their removal.
“A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted,” Article 193(3) of the constitution reads.
Ferdinand Waititu challenged his impeachment at the Court of Appeal which means his impeachment process is still underway.
Outgoing Chief Justice David Maraga appointed Justice George Dulu, Lady Justice Grace Nzioka and Lady Justice Winfrida Okwany to hear the petition.
The ex-Kiambu county chief contested his removal stating he was unprocedural ejected from office.
“The constitutional threshold of two-thirds MCAs was not met in my impeachment. There were only 56 MCAs instead of 62 MCAs out of 92 MCAs total membership of Kiambu county assembly. The speaker lied to the senate after receiving a consideration,” said Ferdinand Waititu.
In a separate story, we reported that the EACC and IEBC had hinted they may not approve Ferdinand Waititu’s candidature since he was removed from office over allegations of abuse of office.
Remarks by the two commissions echoed by former Senate Deputy speaker Kithure Kindiki.
However, according to some legal minds, it is only the courts that can bar an impeached governor from seeking an elective position and not the IEBC or EACC.
“I have seen the statement by EACC that seems to indicate that the commission can make a decision barring anyone from contesting for office.
I think that is the height of impunity,” Law Society President Nelson Havi was quoted by The Standard on Friday, January 1.
The lawyer added IEBC will also be exercising double standards if it may try to bar Ferdinand Waititu from running stating it set precedence when President Uhuru Kenyatta and his Deputy William Ruto were cleared by the poll agency to vie for office in 2013 yet they were facing charges at The Hague.
Havi further stated that the courts had the final say citing a case in which the High Court allowed Wavinya Ndeti to vie in the Machakos gubernatorial race after the IEBC tried to elbow her out for being registered as a member of two political parties.
The fate of Ferdinand Waititu on whether or not the IEBC will list him as among candidates seeking to replace impeached Mike Sonko in about a week when the poll body will list names of candidates who will have been approved by all required agencies to run in the election.
A legal tussle between Babayao and the IEBC will be inevitable if his name will be missing from the list. The ex-Kiambu county chief seeks to run as an independent candidate.
There are about 13 other independent candidates. Apart from Ferdinand Waititu, deported lawyer Miguna Miguna expressed interest in the seat through the Third Way Alliance party.
The ODM Party withdrew from the race in favour of Jubilee which has fronted businesswoman Agnes Kagure and former Dagoretti South MP Dennis Waweru.
Waweru and Kagure are expected to lock horns at the primaries which will determine who between them will be the jubilee flagbearer.