Former Kiambu governor Ferdinand Waititu has moved to court over a decision by the Independent Electoral and Boundaries Commission (IEBC) to bar him from running for Nairobi governor post.
In his application, Waititu argued that though he has been charged with corruption, he is yet to be convicted.
“As it stands, the applicant in this matter has not been convicted of any crime and has fully complied with all electoral guidelines provided when running for the aforementioned electoral position,” court documents read.
The ex-county boss believes the decision by IEBC cannot be legally upheld as there are no legal provisions barring him from vying for an electoral position.
He also noted that the Attorney General indicated that the reason for barring him from vying for the post was over his impeachment.
Further, Waititu claimed that the IEBC and Ethics and Anti-Corruption Commission (EACC) are colluding to convict him even as the graft case remains unconcluded.
“From the foregoing, the 1st respondent (IEBC) cannot then bar applicant (Waititu) from seeking an elective position.”
He also told the court that he has challenged his impeachment which is set to be heard before a three-judge bench.
“Applicant will continue to suffer without the intervention of this honorable court which ought to look at the process that was both illegal and procedural leading to the decision that has been stated by the 1st respondent (IEBC),” he said.
He wants IEBC forced to accept his candidature.
The case will be heard on January 7 after papers have been served on all the parties, Judge Anthony Mrima ordered.