The High Court on Friday ruled that it lacks the authority to judge aapirants’ integrity issues.
The decision was made by a three-judge bench comprising of; David Majanja, Murungi Thande, and Enock Mwota.
“Petitions by civil rights bodies and activist Okiya Omutatah are general in nature and have not raised any particular integrity issues,” ruled the judges.
The applications submitted to them to decide whether Mike Sonko, Nakuru Town West MP Samuel Arama, and UDA Kiambu senatorial candidate Karungo Thang’wa should be prohibited from running in the general election were premature, they said.
The courts ruled that pre-election challenges should be resolved by the IEBC tribunal, thus the three are still prohibited from running in the elections in August.
“We lack jurisdiction to entertain the petition on integrity issues about Sonko and others,” ruled Justice Majanja.
The judges stated that after the electoral body decides on the contentious matters, the High Court’s jurisdiction will then become active.
Sonko and the team acknowledged throughout the hearing that they submitted themselves to the Disputes Resolution Committee’s authority with regard to their nomination.
The IEBC Dispute Resolution Committee must be permitted to complete its work, the bench said.
Nine petitions were submitted before constitutional division.
In relation to the electoral process, and particularly the general elections, they sought the interpretation and application of Chapter Six of the constitution.
The bench in its judgement said the provision and the importance of the mandate of the IEBC to resolve pre-election disputes had been the subject of consideration by the Supreme Court.
According to the Supreme Court, all pre-election problems, including those involving or resulting from nominations, should be presented before the IEBC or PPDT for a resolution.
Activist Okiya Omtatah and eight others filed the applications.