The High court has directed the Independent Electoral and Boundaries Commission (IEBC) to clear Kiambu senatorial aspirant, Karungo Wa Thang'wa.
In a ruling delivered on Thursday, July 7, Justice Rachel Ng'etich directed the Wafula Chebukati-led Commission to clear the United Democratic Alliance (UDA) hopeful to run for the seat.
Justice Ng'etich - in making her determination - ruled that IEBC failed to prove that Thang'wa was removed from office through an impeachment motion while serving as the Education County Executive Committee Member (CECM) in Kiambu.
The Judge further ruled that there was no sufficient evidence to show that the aspirant was removed from office on grounds of corruption.
"This court finds no reason to bar Karungo from vying for the Kiambu senator position," the judge ruled.
In his petition, Thang'wa had argued that he left office following reshuffles that were done by Kiambu governor James Nyoro after assuming office following Ferdinand Waititu's impeachment in 2020.
Thang'wa argued that the impeachment of Waititu on grounds of corruption was not a representation of his cabinet.
The decision by the High Court comes after the senator moved to the corridors of justice to petition IEBC's dispute tribunal's decision to bar him from the polls on the grounds that he was impeached.
The tribunal's decision was based on a list of 241 politicians that was submitted by the Ethics and Anti Corruption Commission (EACC) which sought to bar the politicians from seeking any elective position in the August 9 polls.
"Our analysis of the fact and law as presented leads us to the conclusion that the respondent (IEBC) acted within the law to decline the complainant (Thang'wa) on the account of him having been removed from public office and presenting himself for nomination outside the gazetted terms,"
"In light of the foregoing, the committee upholds the decision of the returning officer in declining to nominate the complainant and the complaint is hereby dismissed with no order to cost," the tribunal ruled then.
IEBC is yet to respond to the matter even as they revealed that they had begun printing ballot papers with the first batch arriving at the Jomo Kenyatta International Airport (JKIA) today.
