The IEBC tribunal on Monday ruled that Cord’s Kethi Kilonzo was not a registered voter but upheld the nomination of Jubilee’s Prof Philip Kaloki to vie for the Makueni senate seat.
The tribunal spent Friday and Saturday trying to determine whether Cord’s Kethi Kilonzo and and Jubileeâ€™s Kaloki met the threshold set out in law to participate in the by-election which was occasioned by the death of Senator Mutula Kilonzo on April 27.
The tribunal revoked Ms Kilonzo’s certificate of nomination and said it would commence investigations as to how it was issued.
However, Prof Kaloki argued that he resigned from Wiper party and joined Narc within the time limits.
“We rule that the nomination of Kaloki by Narc was within the 45 days and thus was valid,” ruled the tribunal.
Prof Kaloki’s candidature was contested by Wiper on grounds that he was still a member of the party.
Court dismisses activist case
Earlier, a suit filed to halt the IEBC tribunal proceedings over the qualification to contest in the Makueni by-election was dismissed shortly before the tribunal issued its ruling.
The High Court dismissed the application filed by Okiya Omtatah, a civil society activist, after it held that the tribunal had the mandate to determine nomination disputes.
Mr Omtatah had filed the suit asking the court to consider it urgent and issue interim orders stopping the tribunal pending determination of constitutional questions that he raised.
He asked the court to suspend any decision made by the tribunal on the fate of Wiperâ€™s Kethi Kilonzo and Narcâ€™s Philip Kaloki, whose candidacy was the subject of complaints before the tribunal.
The activist claimed that the tribunal, which consists of IEBC commissioners, could not sit as a judge in a matter in which the commission is a party.
That would be against the rule of natural justice and would violate the rights of the two aspirants, he argued.
Justice David Majanja dismissed the suit, ruling that granting the orders would prejudice the IEBC which has a legal mandate to determine disputes emanating from nomination of candidates for elections.
The judge said that the two aspirants would still have an opportunity to bring the matter to the High Court if they will be dissatisfied with the tribunalâ€™s ruling.