Gatundu voter wants court to nullify Moses Kuria's election

Gatundu South MP Moses Kuria.

A Gatundu South voter has gone to court seeking to have the election of area MP Moses Kuria nullified.

Patrick Michuki told the court he did not get the chance to elect an MP of his choice as Kuria was declared the winner after his competitor, Joachim Kiarie Kamere, dropped out of the race.

Mr Michuki has gone to court with no legal representation and plans on arguing his case. He has named the Independent Electoral and Boundaries Commission (IEBC), Ethics and Anti-Corruption Commission (EACC), Kuria and the Attorney General as the first four of the six respondents in the suit.

He told the court the area MP was already participating in parliamentary procedures, which was a violation of the rights of the Gatundu people.

He wants IEBC compelled to produce the report and minutes of the meeting that led to the cancellation of the Gatundu South by-elections and the declaration of Kuria as the undisputed winner.

The IEBC, Michuki says, unprocedurally declared Kuria as the area MP, in violation of the Constitution. Michuki has also sought for witness protection until the matter is heard and determined.

The aggrieved voter further stated he had video evidence to show that Kamere was forced to step down from the race.

 IEBC failure

He stated the IEBC failed in its mandate to ensure that voters enjoyed their right to select their candidate of choice through voting.

"I pray the court declares that IEBC was negligent in the organisation of the by-elections. I also request this court to order IEBC to repeat the by-elections and that Kuria and Kamere are investigated by EACC," he said.

When asked by High Court Judge Isaac Lenaola why he had sued Kamere yet he had the right to drop out of the race if he chose to, Michuki stated that Kuria's competitor had failed to pick a replacement to vie for the position.

He was also questioned why he had not filed an election petition instead, to which he responded it was a matter of costs, adding that the court has jurisdiction to handle the matter. Lenaola asked him to serve notices to the respondents in readiness for the hearing on December 3.