The High Court has quashed a decision by Kenya’s electoral body to disqualify Chama Cha Kazi candidate Milton Mwenda from participating in the Kiagu ward by-election in Meru County.
In a ruling delivered on Thursday, Justice James Makau said the Independent Electoral and Boundaries Commission (IEBC) violated the Elections Act.
The judge directed IEBC to include Mwenda’s name on the ballot.
“The IEBC should comply with the judgment and include the second petitioner’s name, name of party, party symbol and colours on the ballot paper,” the court directed.
IEBC had disqualified Milton Mwenda from participating in the polls following a petition filed by United Democratic Alliance’s South Imenti Coordinator Salesio Mutuma Thuranira.
In the ruling delivered on September 23, IEBC’s Leadership and Integrity Vetting Committee said Mwenda failed to resign as a public officer within the legally provided timeline of seven days after the declaration of the vacancy.
Dissatisfied with the ruling, CCK party leader Moses Kuria moved to court to stop the by-election that had been scheduled for October 14.
Candidates, who had been cleared to participate in the by-election include: Simon Kiambi Ngaruni (UDA), Haron Kaburu (Maendeleo Chap Chap party), Samson Magambo (Jubilee), Joseph Mwangi (Democratic Party), Patrick Kananda (Chama Cha Uzalendo) and Joshua Nabea (Ford Kenya), Scholastica Mwendwa (Party of Democratic Unity), Douglas Kirimi (Safina), and Phillip Micheni of the Peoples Party of Kenya.
The seat fell vacant following the demise of death Eunice Karegi in May this year.