Court Gives IEBC 72 Hours to Clear Candidate in Upcoming By-election

An image of Wafula Chebukati
IEBC Chairperson Wafula Chebukati speaking at the Law Society of Kenya annual Cocktail event at Intercontinental Hotel in December 2018.
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The High Court on Monday, September 20, cleared Machakos politician Timothy Maneno to run for Nguu/ Masumba ward by- elections

The court found merit in the constitutional petition filed by Maneno challenging refusal by IEBC to clear him to run in the October by-election.  

The court gave the IEBC 72 hours to clear the candidate running as an independent ticket. 

An undated image of Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati at a past event
An undated image of Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati at a past event
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“The court has directed IEBC to clear Maneno within 72 hours starting 2pm today, 20th Sept,” the politician's lawyer Mutuse Mwengi stated. 

IEBC had earlier in the month dismissed the registration of Maneno as a candidate for Nguu/Masumbu by-election  

“The IEBC's Dispute Resolution Committee (DRC) in its decision held that Timothy Maneno, an independent candidate, didn't adhere with legal timelines set out in Gazette Notice No. 7520 and his complaint to be registered as a candidate for Nguu/Masumbu CAW by-election is dismissed,” the IEBC earlier stated. 

Maneno, moved to the High Court asking the court to find that at the time of declaring the Nguu/ Masumba ward vacancy, as per BBI judgements, IEBC was not legally constituted hence not able to perform such a mandate. 

The High Court had stopped IEBC from printing Ballot Papers and proceeding with the ward by-elections until the case filed by the aspirant was heard and determined. 

The by-election was declared vacant after the passing on of the area MCA Harrison Ngui who succumbed in July. 

Eshio Mwaiwa of Wiper Party and Daniel Kivuva Musau of UDA are the only aspirants that had been cleared by IEBC to take part in the by-election. 

Maneno previously served as MCA in the ward. 

Undated image of IEBC ballot boxes after voters had cast their votes
Undated image of IEBC ballot boxes after voters had cast their votes
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