Supreme Court Delivers Final Verdict on Jimi Wanjigi Case
Safina Party’s Jimi Wanjigi was dealt a major blow on Friday, February 17, after the Supreme Court ruled that he did not qualify to contest for the Presidential seat during the August 2022 General Election.
While dismissing Wanjigi’s appeal, the Supreme Court noted that it did not have the jurisdiction to determine the appeal by the Safina Political Party presidential candidate in the August 2022 General Election.
However, the Supreme Court of Kenya upheld the decision of the High Court and the Court of Appeal that agreed with former Independent and Electoral Boundaries Commission (IEBC) chairman Wafula Chebukati in barring Wanjigi from contesting.
Wanjigi will, therefore, not be accorded any compensation despite his argument that his rights were infringed upon when Chebukati dismissed his papers.
Safina party presidential flagbearer Jimi Wanjigi and his wife arrive at the Bomas of Kenya to present his papers to IEBC on Monday, June 6, 2022.
Wanjigi’s nomination papers were rejected on various grounds, including not possessing a Degree certificate from a reputable university.
Former IEBC Chairman Wafula told Wajingi that his documentations were incomplete, and could not be processed as a Presidential Candidate.
In response, Wanjigi who presented a letter from Daystar University claiming that he was a student pursuing a degree and had completed his coursework.
Wanjigi also presented copies of copies of transcripts, and a letter from the Commission for University Education confirming the accreditation of Daystar University in Kenya.
However, Chebukati dismissed him noting that he did not comply with section 22(2) of the Elections Act that requires all Presidential Candidates to be Degree holders.
Chebukati ordered Wanjigi to submit physical copies of his degree, failure to which he would not be registered as a Presidential contender.
In a series of applications that were filed in the High Court and Court of Appeal, Wanjigi was told the courts that he did not have a university degree but was qualified to contest by virtue of his acdemic journey.
The courts also affirmed Chebukati’s ruling that Wanjigi did not have at least 2,000 supporters from each county as was required by IEBC regulations.
At Supreme Court, Wanjigi claimed that Chebukati violated his rights that were guaranteed by Article 38(3) of The Constitution Of Kenya.
He insisted that he was duly qualified to run for Presidency under qualifications set out by Article 137(1) of The Constitution Of Kenya.
However, the Supreme Court ruled that the appeal under Article 163(4)(a) of The Constitution Of Kenya limited its jurisdiction to issues involving the interpretation or application of the Constitution.
A collage of Roots Party Presidential aspirant George Wajackoya, Safina Party presidential aspirant Jimmi Wanjigi and Azimio Presidential aspirant Raila Odinga.