Former Kiambu Governor Ferdinand Waititu has sued the Independent Electoral and Boundaries Commission (IEBC) after he was barred from running in the Nairobi by-election.
Waititu argued that he had not been convicted of any offence, hence, had the right to vie for the gubernatorial seat.
“As it stands, the applicant in this matter has not been convicted of any crime and has fully complied with all electoral guidelines provided when running for the aforementioned electoral position,” reads court documents seen by Kenyans.co.ke.
Further, he accused the Ethics and Anti Corruption Commission (EACC) of leading a smear campaign against him and acting as the judge, jury and executioner since the case against him was still pending.
Waititu now wants the court to compel IEBC to accept his candidature.
In addition, the petitioner indicated that he had been successfully cleared by the Registrar of Political Parties.
The governor, who was impeached in January 2020 on grounds of abuse of office and other crimes, had declared his interest in vying for the Nairobi gubernatorial seat.
However, IEBC Chairman Wafula Chebukati warned that no impeached leader will be cleared to vie in the upcoming by-elections.
The commission said it would not clear persons who had been removed from office or impeached on grounds of violating the integrity chapter of the constitution.
On its part, EACC advised that all persons offering themselves as independent candidates or seeking nominations for election must meet the integrity threshold under Chapter 6 of the constitution.
The EACC noted that an aspirant is disqualified if s/he has been dismissed or otherwise removed from office for contravention of Chapter 6 of the constitution or its enabling legislation, in accordance with Article 75 (3) of the constitution.
