The Supreme Court has dismissed an application by businessman Jimmy Wanjigi and his running mate Willis Otieno seeking to stop printing of ballot papers for presidential elections.
Chief Justice Martha Koome, Deputy Chief Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala and William Ouko ruled that the applicants have failed to exhibit that they meet the threshold for invoking the Supreme Court jurisdiction.
“With the above finding, we are unable to consider or grant the conservatory relief sought pending the determination of the status of the petition of appeal whose jurisdiction is also under challenge by way of preliminary objection,” the five-judge bench ruled.
Jimmy Wanjigi who is seeking to be the fifth President of Kenya, moved to Supreme Court seeking the court to issue necessary directions to preserve the substratum of the petition including where necessary to stop the printing of ballot papers for the presidential elections pending the hearing and determination of the petition.
He further submitted that the petition of appeal has been filed contemporaneously with the present application and is due for hearing necessitating the prayer to preserve the substratum of the appeal.
IEBC and its Chairman Wafula Chebukati opposed to the application on grounds that Supreme Court lacks jurisdiction to determine the appeal.
The two added that public interest mitigates against grant of the orders sought since the August elections date is set by the Constitution and cannot be moved or changed.
