The High Court has declined to hear a petition that sought to overturn the nomination of Harold Kimuge Kipchumba to the National Assembly by the Orange Democratic Movement (ODM) party, replacing Treasury Cabinet Secretary John Mbadi.
Justice Lawrence Mugambi instead directed that the case be referred to Chief Justice Martha Koome.
The Chief Justice will be responsible for gazetting an election petition court to hear and determine the dispute. "I thus decline to give any directions in the circumstances; I instead direct that the Deputy Registrar immediately transmit this file to the honourable Chief Justice for purposes of gazetting the Election Court pursuant to the procedure set out in the Election Act and the Rules to hear and determine this dispute," Justice Mugambi stated in his ruling,.
Justice Mugambi also explained that any dispute over an election, whether through universal suffrage or a party list nomination, must be determined by a specific election court, as defined by the Constitution and the Elections Act.
