Petitioner was not eligible to run, Gachagua tells court

By Wainaina Ndung’u

Nyeri, Kenya: Nyeri Governor Nderitu Gachagua has applied to verify the academic papers of an unsuccessful candidate who filed a petition against his election.

Gachagua, represented by Njoroge Regeru and the Independent Electoral and Boundaries Commission (IEBC) represented by Mwangi Kibicho have applied to have copies of academic transcripts of all the five candidates who vied for the Nyeri gubernatorial seat in the last election.

They are also seeking to have letters accompanying the transcripts from the Commission for Higher Education (CHE).  Electoral laws require a gubernatorial candidate to have a degree from a university recognised by the CHE.

Gachagua and the IEBC indicated they wanted to challenge the eligibility of Thuo Mathenge as a candidate for the gubernatorial race on those grounds.

Gachagua of the Grand National Union polled 137,005 votes against Dr Patrick Wahome of The National Alliance (TNA) with 126,398 and Mathenge with over 48,000 votes.

Wednesday, Regeru told Nyeri’s Justice James Wakiaga that they wanted the transcripts filed in the case so that they would raise fundamental questions on the eligibility of some candidates.

Serious allegations

Lawyer Kioko Kilukumi for the petitioner said the issue of eligibility should have been raised at the nomination stage and not in the petition but the two respondents told the judge their understanding was that this issue could be re-opened during the hearing of the electoral dispute.

Gachagua also said he would file audio and video recording against the petitioner to prove “very serious” allegations that could constitute electoral offences. The parties in the case filed a consent indicating they would be calling at least 21 witnesses in the case.

Justice Wakiaga will on June 4 listen to the preliminary objection seeking to throw out the petition against Gachagua on grounds that it was filed prematurely. A further mention is set for June 14.

The IEBC claims that a second petition filed by Michael Mwangi Kibicho, who was Mathenge’s chief agent in Mukurwe-ini constituency, was intended to cure the defect of the main petition.

Justice Wakiaga said he will rule on an application to have the IEBC produce an actual ballot paper of the election after disposing the preliminary application.