15 February 2013

Kenya: Uhuru, Ruto Cleared in Eligibility Hurdle

Photo: Uhuru Kenyatta Campaign
Presidential aspirant Uhuru Kenyatta addresses supporters at the Jubilee Coalition rally in Nairobi.

The High court has ruled that it has no jurisdiction to determine the eligibility of Uhuru and Ruto to contest the March 4 General Election. A five judge bench that was constituted to rule on the eligibility of Jubilee presidential candidate Uhuru Kenyatta and his running mate William Ruto, has ruled that it has no jurisdiction to determine the matter.

The bench composed of judges Hellen Omondi, Mbogholi Msagha, Luka Kimaru, Pauline Nyamwea, and George Kimondo said that on matters of elections to the office of the president, the Supreme Court has original and exclusive jurisdiction.

The judges further submitted that the petitioners did not exhaust all other avenues to challenge Uhuru and Ruto's eligibility and integrity to vie in the forthcoming March 4 general elections.

The IEBC who were respondent in the case submitted through their lawyers, that the petitioners should have raised the integrity and eligibility issues with them first.

Article 88 of the constitution obliges the commission to determine disputes arising from nomination of aspirants to elective posts. IEBC further said that the High Court is only limited to review the decisions of the commission where further disputes arise.

The petition had been filed by the International Center for Policy and Conflict (ICPC), the Kenya Human Rights Commission (KHRC), Iternational Committee of Jurists (ICJ) and Kenya Public Corruption Ethics Governance Watch (KPCEGW).

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