Jubilee Party Nakuru County Senetorial aspirant Susan Kihika’s name will be on the ballot come August 8th after high court nullified a decision by the Political Parties Dispute Tribunal (PPDT) that nullified her nomination.
While delivering the judgment, high court judge Justice George Odunga ruled that the PPDT had no Jurisdiction to hear and determine the matter.
Justice Odunga further ruled that the tribunal and the subordinate court must act within their ranks and mandate to ensure proper administration of justice.
“The judicial hierarchy of courts and tribunals is very clear in this country and it is important that the tribunal appreciate their rank in the judicial ladder,” the judge ruled.
Odunga added that the dispute that was before the tribunal was between an independent candidate and a nominee of a political party hence not a dispute that the tribunal can resolve.
“I have no doubt in my mind that the tribunal had no jurisdiction to embark on the hearing of this petition. This proceedings had been stopped by this court and so the decision rendered after that was unlawful and was tainted by illegality,” ruled Odunga.
Kihika had moved to court to challenge the decision of PPDT to bar her from contesting for the Nakuru senatorial seat over allegations that she did not resign from her position at the County Assembly on time as required by law.
The tribunal had ruled that Kihika’s candidature was unconstitutional and that she was ineligible for the August 8 poll as she is still in office as the Speaker of Nakuru County Assembly.
Article 99 of the Constitution states that a candidate who is still a member of the county assembly cannot vie before resigning.
The petition against Kihika was filed by Nominated MCA Margaret Wanjiru Kiiru who is also vying for the seat as an independent candidate.
