A Kenya Kwanza parliamentary candidate was on Wednesday, July 28, locked out of the August 9 general election months after being cleared by the Independent Electoral and Boundaries Commission (IEBC).
High Court Judge Lady Justice Abida Aroni, ruled that Mohamed Subey Gedi of Amani National Congress (ANC) did not qualify to vie for any political seat in the country due to trio citizenship.
Gedi did not qualify to vie as Fafi Member of Parliament in Garissa county because he is a citizen of Kenya, the United States (U.S) and Somalia.
"I hereby hold that the first respondent (Gedi) is not qualified to run for the position of Member of Parliament for Fafi Constituency.
“The 1st Respondent is not qualified to run for the position of Member of Parliament for Fafi Constituency,” said Aroni.," Justice Aroni ruled.
Article 78(1) of the Kenyan Constitution stipulates that a person is not eligible for election to a state office unless the person is a citizen of Kenya.
The law also states that for an MP to qualify to contest, must not hold dual citizenship (unless, according to IEBC, the citizenship of the other country has been obtained by operation of law without the capacity to opt-out) and now not owe allegiance to a foreign state.
IEBC had cleared Gedi based on its 2017 decision that any aspirant holding dual citizenship is eligible for nomination. If elected, must renounce before taking office.
The Wafula Chebukati-commission has since been ordered to withdraw Gedi's clearance certificate with immediate effect.
The verdict comes just 11 days to the August poll, in a yet another political turbulence in Kenya Kwanza coalition.
Both Deputy President William Ruto, the Kenya Kwanza flag bearer and his rival of Azimio La Umo Raila Odinga are battling for 163,350 votes in Garissa. Fafi Constituency which has many registered voters out of six constituencies has 19,883 registered voters.
The constituency has five wards including Bura; 3,602 registered voters, Dekaharia (2,851), Jarajila (3,378) Fafi (6,162) and Nanighi (3,890)
With Gedi out of the mix, the race now pitches Salah Yakub of the United Democratic Alliance (UDA), Abdikain Osman (Jubilee) and Mohamed Diis Shafat (KANU).
