The Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee has reversed the verdict of the Kibra Returning Officer and has allowed Jubilee’s MacDonald Mariga to run in the Kibra by election on 7th November, 2019
The committee was Monday morning sitting to hear and determine the matter in which Mariga appealed a decision to disqualify him from vying in Kibra by election,as his registration details were not found in the voters roll.
Reading the ruling, IEBC Chairman Wafula chebukati and Commissioner Boya molu said Mariga will subsequently be included in the list of candidates running for the Kibra by election.
Last week, while appearing before the IEBC Dispute committee, the IEBC Starehe deputy registration officer Ismail Yasin submitted that Mariga was duly registered as a voter on the 26 of August 2019 and his details well captured on the KIEMS kit.
Mariga has all along maintained that he is a registered voter.
The tribunal heard that Jubilee nominee was duly registered as a voter in Starehe constituency and as such, qualifies to vie for the Kibra parliamentary seat.
Kibra returning officer Beatrice Muli however told the tribunal how she followed due diligence before arriving at her decision to lock out Mariga from the race saying she acted upon the law and IEBC regulations and was not under duress from any quarter.
Counsel for Mariga Wilfred Lusi observed that it was an oversight on the part of the Kibra Returning officer to make a rushed decision without exhausting every possible avenue to confirm Mariga’s voter registration status.
Mariga was nominated by the ruling Jubilee coalition to contest for the seat that fell vacant following the death of MP Ken Okoth.
The Dispute Resolution Committee is chaired by Chairman Wafula Chebukati and Commissioners Boya Molu and Prof. Abdi Guliye are members.
So far ANC’s Eliud Owalo, Ford Kenya’s Khamisi Butich, and four other independent candidates have received the green light from IEBC to contest.
ODM’s nominee Bernard Okoth alias Imran is yet to present his nomination papers to IEBC owing to a dispute over his nomination filed by his competitor Peter Orero which is being handled by the party disputes tribunal.