Nairobi — A group of activists have filed an urgent application in the High Court seeking orders to bar 13 politicians from contesting in next week's election.
The applicants, Kenneth Njagi Njiru, Meshach Churchill Suba and Beatrice Kamau want the court to issue orders barring William Ruto's running mate Rigathi Gachagua, Nairobi gubernatorial candidate Johnson Sakaja (United Democratic Alliance (UDA), Mohamud Ali Mohamed (Marsabit), Onsemus Muthomi Njuki Tharaka-Nithi-UDA), Evans Kidero (Homa Bay- Independent), Ali Korane (Garissa), Dhadho Godana (Tana River), Anne Waiguru (Kirinyaga-UDA) and Aisha Jumwa (Kilifi-UDA).
Others are MPs John Waluke (Sirisia- Jubilee), Samuel Arama (Nakuru Town West- Jubilee), Oscar Sudi (Kapseret- UDA) and Okoth Obado(Migori).
They also want the judges assigned to hear and determine the petition to exclude Judges Antony Mrima, David Majanja, Chacha Mwita, Mugure Thande and Eunice Ngetich on the basis that they have already dealt with various aspects of the dispute over Chapter Six during which fundamental issues concerning enforcement, interpretation, application and implementation of Chapter Six of the Constitution have been either evaded or glossed.
The petitioners want the court to determine whether Gachagua is fit and suitable to hold any public office in the wake of a recent ruling of the High Court, directing him to forfeit Sh202 million to the government after failing to justify its source.
"That a mandatory injunction be issued to compel the IEBC and the EACC to inquire whether Gachagua meets the moral, ethical, leadership and integrity provisions envisaged under Article 99(2)(b) and chapter six of the constitution to be registered and or gazetted as a candidate for the position of the Deputy President of the Republic of Kenya," the documents reads.
They are also wants the IEBC and EACC to file their report on the findings and determination to the court by Tuesday August 9,2022.
The activists further want the matter refered to the Chief Justice Martha Koome to appoint a three Judge bench to hear and determine the suit.