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Political activist Mary Wambui at a past function [Photo:File/Standard] |
By Wahome Thuku
The High Court has dismissed the case challenging political activist Mary Wambui’s eligibility to vie for the Othaya parliamentary seat in a bid to succeed president Kibaki as area MP.
Justice David Majanja said the issues raised in the case were premature because they have never been determined in any judicial process and Wambui has not yet been nominated as a candidate to vie for the parliamentary seat.
Three residents of Othaya Michael Wachira Nderitu, Sylvester Kihuria, Daniel Karinga and Kiambati Kihamba have filed the petition in Nairobi to have Wambui blocked from contesting the parliamentary seat on various grounds touching on her integrity.
They also want TNA stopped from nominating her later this month pending the determination of the case.
Wambui has been on campaign trail since she announced her intentions late last year to occupy the seat that President Kibaki has held the seat since 1974.
The petitioners claim Wambui and her daughter Winnie Mwai have been implicated in post-election violence and the saga around the presence in Kenya and illegal activities of two Armenian mercenaries commonly referred to as the Artur brothers in 2006.
The activities of the Artur brothers became the subject of an inquiry by a commission headed by former police commissioner Shadrack Kiruki.
Wachira said Wambui was named in two reports as having been involved in the raising of funds and procurement of arms for poll chaos.
The petitioners have named her, the Director of Public Prosecutions and the Attorney General as respondents. They also named TNA and IEBC as interested parties.
In her defence, Wambui who is seeking a TNA ticket to vie for the parliamentary seat asked the Court to throw out a case saying the High Court had no legal authority to determine the questions of her integrity raised in the suit
Her lawyers John Khaminwa and Evans Monari told the court only the Independent Electoral and Boundaries Commission (IEBC) could vet candidates for the elective posts ahead of the March 4 general election.
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