The Independent Electoral and Boundaries Commission( IEBC) and the Ethics and Anti Corruption Commission( EACC) have been barred from commenting on the merits of former Kiambu Governor Ferdinand Waititu’s case.
Waititu's lawyer John Swaka told the court that both entities had been commenting on the former governor's vying merits, pending the determination of his case.
Last week on Thursday, Waititu moved to court challenging IEBC’s decision to bar him from contesting in the Nairobi gubernatorial by-election.
Therefore, Justice Antony Mrima directed all parties in the case to avoid discussing the proceedings before court outside the jurisdiction of the court.
He stated, "I direct the lawyers in this matter to advise their clients to respect doctrine of subjudice."
For further directions, the case is scheduled for mentioning on February 1.
IEBC published Waititu's name among 12 independent candidates in the Nairobi gubernatorial race and on Wednesday it was clear that he received a reprieve in his quest to become the next Nairobi Governor.
The former Kiambu governor had earlier faulted IEBC's decision to bar him from vying, arguing that he has not been convicted of any offence even though he faces a corruption case.
“As it stands, the applicant in this matter has not been convicted of any crime and has fully complied with all electoral guidelines provided when running for the aforementioned electoral position,” the court was told.
In 2020, Waititu was impeached as governor of Kiambu county but has recently expressed interest in contesting for the Nairobi county gubernatorial seat in the forthcoming election.
However, the by-election has been suspended pending a case filed by Sonko who was also recently impeached.
EACC seemingly locked Waititu out from holding any public office in the future after his impeachment.
According to EACC's statement last month, all persons offering themselves as independent candidates or seeking party nominations for election must meet the integrity threshold under Chapter 6 of the Constitution.
"The commission considers a person is disqualified from holding public office if the person has as been dismissed or otherwise removed from office for contravention of Chapter 6 of the Constitution or its enabling legislation, in accordance with Article 75(3) of the Constitution," EACC said.
CEO Twalib Mbarak said a person is also disqualified if found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened Chapter 6 as contemplated under Articles 99(2)(h) and 193(2)(g).
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