The High Court has on Thursday, July 7, nullified the decision by Independent Electoral and Boundaries Commission (IEBC) dispute resolution committee to bar Kiambu Senatorial candidate Karungo wa Thangwa from contesting.
Delivering the ruling that hands a lifeline to his senatorial bid, the High Court judge faulted IEBC for disqualifying him citing lack of substantial grounds to lock him out of the race.
The court also approved the decision of the returning officer on account of Karungo presenting himself for nominations outside the gazzeted time despite his removal from office.
According to the tribunal, IEBC acted within the law in declining to clear the complainant.
“The respondent acted within the law in declining to clear the complainant on account of him having been removed from office and presenting himself for nominations outside the gazzeted time. In light of the following, the committee approves the decision of the returning officer," the court ruled.
The judgement delivered by the committee’s chairman George Murugu in June, dismissed Karungo and upheld the decision by the county Returning Officer to block him from contesting for the senatorial seat.
“The committee uphold the decision of the Returning Officer in declining to nominate Karungo and the complaint is hereby dismissed,” Murugu ruled.
While dismissing his petition , IEBC Dispute Resolution Committee noted that indeed Karungo was removed from office and all orders restraining the said removal have since been vacated.
Karungo through his lawyer Ng’ang’a Mbugua lodged a complaint at the committee scoffing at claims by the IEBC that he is ineligible because he was impeached from office on alleged gross misconduct.
Lawyer Mbugua explained that his client was neither impeached nor removed from office and that decision of the IEBC is erroneous.
Karugo who is vying on a UDA ticket was former Kiambu County Executive Committee Member for Youth Affairs.
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