Court Dismisses a Petition Challenging Wajackoyah's Presidential Candidature

The High Court in Nairobi has dismissed a petition challenging the presidential candidature of Roots Party leader Prof. George Wajackoyah. 

The petition had been filed by lawyer Bernard Odero Okello, who was seeking to have Wajackoyah disqualified from the presidential race on grounds that he is advocating the use of Marijuana, an illegal drug in Kenya.

Justice Hedwig Ong'udi struck out the petition on grounds of technicalities, stating that the suit was filed prematurely as the petitioner should have challenged the nomination of Wajackoyah at the Independent Electoral and Boundaries Commission (IEBC) disputes resolutions committee in line with the Elections and IEBC acts.

"I find that Mr Okello did not follow or even attempt to follow set out the process for dispute resolution under the Elections Act and IEBC Act. For that reason, he clothed the claim as a constitutional petition while in actual fact the issue being challenged is the nomination of Wajackoyah as a presidential candidate by the IEBC chairman," the judge ruled on Friday.

"All these rules and regulations are not enacted for the sake of it, they are meant to guide Kenyans on what should be done before, during, and after the elections."

Justice Hedwig further noted that he found merit in the preliminary objections raised by the respondents (Wajackoyah and IEBC) challenging the jurisdiction of the court to hear the matter. 

"This petition was filed prematurely before the exhaustion of the dispute resolution process. I, therefore, find merit in the preliminary objections raised by the defendants. The petition and application are struck out," the judge added.