A group of activists has moved to court seeking to have 13 politicians barred from contesting in the August 9th general elections.
The 12 petitioners want the High Court to issue orders blocking UDA presidential running Rigathi Gachagua, Marsabit governor Mohamud Ali Mohamed, Tharaka-Nithi governor Muthomi Njuki, Garissa governor Ali Korane, Tana River governor Dhadho Godana, and Kirinyaga governor Anne Waiguru from vying.
Others are Nairobi gubernatorial candidate Johnson Sakaja, Homa Bay gubernatorial aspirant Evans Kidero, Kilifi governor candidate Aisha Jumwa, MPs John Waluke (Sirisia), Samuel Arama (Nakuru Town West), Oscar Sudi (Kapseret), and Migori Governor Okoth Obado.
The applicants want the judges assigned to hear and determine the petition to exclude Justices Antony Mrima, David Majanja, Chacha Mwita, Mugure Thande and Eunice Ngetich.
They argue that the said judges have already handled various aspects of the dispute over Chapter Six during which fundamental issues concerning enforcement, interpretation, application and implementation of Chapter Six of the Constitution were been either evaded or glossed.
The petitioners want the court to determine whether Gachagua is fit and suitable to hold any public office after the High Court directed him to forfeit Sh202 million to the government after failing to justify its source.
“That a mandatory injunction be issued to compel the IEBC and the EACC to inquire whether Gachagua meets the moral, ethical, leadership and integrity provisions envisaged under Article 99(2)(b) and chapter six of the constitution to be registered and or gazetted as a candidate for the position of the Deputy President of the Republic of Kenya,” read court papers.
The petitioners want the IEBC and EACC to file their report on the findings and determination to the court by Tuesday, August 9th, 2022.
They also want the matter referred to Chief Justice Martha Koome to appoint a three-judge bench to hear and determine the suit.