Court overrules decision to bar Susan Kihika from running for Senate
Nakuru senatorial Jubilee candidate Susan Kihika is back in the race for the Nakuru Senate seat after High Court quashed Political Parties Disputes Tribunal (PPDT) decision to nullify her nomination.
In his ruling, Justice George Odunga indicated that the Kyalo Mbobu-ed PPDT had no jurisdiction to hear and determine the case against the Jubilee Party nominee.
Further, the High Court ruled that the tribunal and 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,”noted Justice Odunga.
Justice Odunga said the dispute that was before the tribunal was between an independent candidate and a nominee of a political party, and it is not a dispute that the tribunal has powers to resolve.
“I have no doubt in my mind that the tribunal had no jurisdiction to embark on the hearing of this petition. Apart of that, these proceedings had been stopped by this court and so the decision rendered after was unlawful and was tainted by illegality,” ruled Justice Odunga.
Nakuru County Assembly Speaker Kihika moved to court to challenge the PPDT decision to bar her from contesting for the senatorial seat over allegations that she did not resign from her position as Speaker on time as required by law.
Her lawyer told the court that the tribunal’s decision to bar her was in bad faith and an excess of its powers.
The petition against Ms Kihika was filed by Nominated MCA Margaret Wanjiru Kiiru who is also vying for the Senate seat as an independent candidate.