The Independent Electoral and Boundaries Commission (IEBC) has dismissed a petition filed by Jubilee candidate in Kibra by-election McDonald Mariga against ODM’s Imran Okoth.
In a ruling delivered on Friday, Commission Chairman Wafula Chebukati stated that the electoral body had acknowledged the issues raised by Mariga but dismissed his complaint for want of compliance with regulations 8 and 15 of Electoral conduct.
This, he said, relates to the filing of a complaint.
Mariga had written to the commission accusing Imran (first respondent) and the ODM party (Second respondent) of electoral malpractice after his car was damaged and one of his supporters injured on Saturday last week.
He wanted Imran disqualified from the mini-poll slated for November 7.
IEBC then summoned ODM Chairman John Mbadi to file a response concerning the allegations.
The counsel for the defence team, however, in their argument told IEBC that the commission was not in a position to prosecute the “criminal” issues raised by the complainant.
Chebukati noted that following the objection, the Electoral Code of Conduct Committee made a determination dismissing it [objection] with orders to hear and determine the complaint.
“The lawyers proceeded to raise additional objections on point of law with the argument that the complaint is defective for lack of adherence with the procedures governed by the rules of procedure for settlement of disputes 2011 with particular reference to regulations 8 that states the manner of initiating complaints, ” said Chebukati.
Mariga’s lawyers argued that they were ready to swear their witnesses under oath and submit oral evidence.
“Counsels for first and second respondents maintained that rule 8 and 15 requires that the complainant institute a proper written statement under oath, ” he added.
Following the dismissal, the commission, however, stated that Mariga can file a fresh petition after complying with all the requirements as per regulation 8 and 15.
“The complainant shall be at liberty to file a fresh complaint as per the provision of the law, ” said IEBC.
He warned the parties to desist from acts of violence.
The Electoral Code of Conduct Enforcement Committee has dismissed a complaint filed by McDonald Mariga against ODM and Bernard Otieno Okoth. The complaint is dismissed for non-compliance with regulations 8 & 15. The complainant is free to file afresh complaint as per the law.^EA pic.twitter.com/mk2TG2ix2x
— IEBC (@IEBCKenya) October 18, 2019
The seat fell vacant following the demise Imran’s brother, Ken Okoth, who succumbed to colorectal cancer in July.