This is after 12 activists filed an urgent suit in the High Court of Kenya challenging their candidature which Justice Mugure Thande, directed be heard today.
According to the petition, the activists want the High Court to block the candidates from vying in next week’s polls citing integrity issues and an order from the court that assumption of innocence does not apply to criminal suspects seeking public elective seats.
The lobbyists, through lawyer Kibe Mungai, demand the court to judge whether Gachagua is eligible to hold any public office after the recent High Court ruling, directing him to forfeit Sh202 million to the government.
However, Gachagua petitioned against the order justifying that Justice Esther Maina was biased after rejecting oral evidence
Further, they highlighted that the court should direct the electoral commission and the Ethics and Anti Corruption Commission (EACC) to investigate the Mathira Mp and file their report on the findings and determination to the court.
“That a mandatory injunction is issued to compel IEBC and 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 deputy president,” the petitioners seek.
The activists also want the matter to be directed to Chief Justice Martha Koome to designate a bench of not less than five judges to hear and determine the suit.
The other 14 aspirants who the activist wants the High Court to block from contesting United Democratic Alliance Nairobi gubernatorial candidate Johnson Sakaja, Aisha Jumwa (Kilifi), Mohamud Ali Mohamed (Marsabit), Muthomi Njuki (Tharaka Nithi), Evans Kidero (Homa Bay), Ali Korane (Garissa) and Dhadho Godana (Tana River), John Waluke (Sirisia), Samuel Arama (Nakuru Town West), Oscar Sudi (Kapseret), and Migori Governor Okoth Obado.
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