A poll Tribunal will on Monday determine whether or not Irungu Kang’ata will vie as governor of Murang’a in the August 2022 polls.
This follows a claim that the politician, who is contesting on a United Democratic Alliance (UDA) ticket, did not present his papers by June 6, 2022, as required by the Independent Electoral and Boundaries Commission (IEBC).
Rather, he reportedly called IEBC County Returning Officer Saum Chirchir and informed her he would present his papers on June 7, 2022.
Thus, lawyer Peter Wanyama urged the panel presided over by Peter Mburugu to rule that Kang’ata violated the law and nullify his candidature.
Kang’ata has been accused of asking the returning officer to change the date of presenting his nomination papers to enable him confirm whether his former choice for deputy Dr Winnie Njeri Mwangi had resigned from being a Lecturer from University of Nairobi.
Mr Wanyama representing a voter namely Thomas Waithaka Mumu told the Tribunal that Section 18 of the Election Act requires the returning officer to receive nomination papers on the date set and cannot change it at the whims of any candidate.
“He violated the law by asking the returning officer to alter the nomination date of presentation of his candidature from June 6 to 7, 2022,” Wanyama stated.
The lawyer said that on that score alone the nomination of Dr Kang’ata should be invalidated as it is illegal and an affront to the electoral laws.
But Kang’ata through his lawyer Charles Njenga opposed the petition.
“There is no valid complaint before this Tribunal as all what have raised is political,” Njenga said.
Mr Njenga argued what was presented before the Tribunal are not legal issues but political undertones geared towards locking his client out of the polls.
He said the complaint lacks merit and is only fit for dismissal.
He urged the Tribunal to strike it out with costs.
The matter will be determined today ( June 13) at 2.30pm.