Gachagua takes office despite petition

By Francis Ngige

Following the filing of an election petition challenging the election of Nyeri governor Nderitu Gachagua heightened political activity in the county is yet to fade away.

Although the petition is still in its preliminary stages, there has been increased political activities with those who participated in the elections still maintaining their campaign teams.

The election of Gachagua has been contested by Sasa Saba Asili candidate Dr Thuo Mathenge who accused the electoral commission of contributing to his failure.

Mathenge has accused the Independent Electoral and Boundaries Commission (IEBC) of substituting the name of his running mate Dr Jeff Kamau with that of Geoffrey Ndegwa.

Gachagua won the coveted seat on a GNU ticket beating his closest rival Dr Wahome Gakuru of TNA by over 11,000 votes.

Gachagua got 137,005 votes against Dr Gakuru’s 126, 398, Mathenge’s 48,882, Narc’s Dr Njururi Mutahi’s 9,213 and ODM’s Githinji Wangondu’s 2,833.

Once the High Court in Nyeri paved way for the swearing in of Gachagua, the governor has hit the ground running.

Justice James Wakiaga declined to stop the swearing of Gachagua and instead referred the case to Chief Justice Willy Mutunga for directions.

The petitioner wanted the court to stop the swearing in until the matter is finalised.

Declined

Justice Wakiaga sent the file to the CJ saying there was need for clarity on some of the issues raised by Gachagua, IEBC and the returning officer.

Mathenge who was vying for the seat on a Saba Saba Asili has sued the IEBC.

In court, Justice Wakiaga cited Article 165 of the Constitution as giving the High Court unlimited original jurisdiction in hearing civil and criminal matters.

But he added that the high court’s powers were exercised in accordance with other laws of the country and judiciary rules though pointing out that the provisions in the Parliamentary and County Elections Petitions Rules were purely procedural and administrative.

Try their luck

“Only the CJ can determine who is to hear this petition and where,” said Justice Wakiaga, “if he appoints me we will move on from there.”

Another petition has been filed against Gachagua by a Mukurweini voter Michael Mwangi Kibicho.

With no order stopping his work, Gachagua has been meeting various stakeholders in the county in readiness for the formation of the local government.

But his settling in office has not dampened the spirit of those who would be ready to try their luck on the ballot just incase the election is nullified.

“We are optimistic that the omission by IEBC constitutes a grave error that undermined the election. If the election is repeated, I will be ready to take a second shot,” said one of the candidates.

There also been talks that some of the candidates might opt to drop out of the race were the election to held afresh.

In The National Alliance (TNA) which was tipped to carry the day, romours are rife that the party’s candidate Dr Wahome Gakuru has already fallen out with his running mate Patrick Maina Munene.

Although Munene, a son of former Kieni MP the late Munene Kairu, has denied of any rift, close operatives of the two revealed that there was a blame game over the loss.

Recently, Munene hosted their county campaign team after the election outcome for a thanks giving mass and party at their home in Kieni with Dr Gakuru conspicuously absent at the function.

A campaign leader who attended the function said: “We are surprised that since the Election Day we have never heard a word from Dr Wahome whom we supported tirelessly. In case of a rerun we might think of having Munene run instead of him.”

The youthful businessman, who has overseen the revamping of White Rhino hotel which has helped Nyeri regain its lost glory, has been involved in the TNA campaigns in the vast county.

This, according to those who participated in the gubernatorial campaigns for TNA, gives him an edge in making inroads in the Nyeri business community as one of them.

However, when contacted, Munene stated that there is no bad blood between them but stated that Dr Gakuru had been invited to the thanksgiving ceremony.

He could not confirm or deny a possibility of giving a shot at the Governors seat if elections were to be called.

“This is politics and with the success of Uhuru Kenyatta, we as a party have more than enough now to thank God for,” said Munene.