BY JOAN WANJIKU,NAIROBI, 7TH JULY,2022-It is a sigh of relief for United Democratic Alliance (UDA) Senatorial candidate Karungo wa Thangwa after the High Court quashed the decision by Independent Electoral and Boundaries Commission (IEBC) dispute resolution committee to bar him from vying.
The High Court in its ruling cited that the move to bar him over grounds that he is unfit to hold public office having been impeached holds no grounds.
The High Court judge ruled that there lies no evidence of graft that led to the removal of the aspirant from office.
The poll body IEBC has been directed to clear the candidate and ensure he is on the ballot with 33 days to the polls.
The former Kiambu County Executive Committee Member for Youth Affairs Karungo wa Thang’wa was locked out from the August 9 senate race.
This is after the IEBC Dispute Resolution Committee edged him out on the basis that his removal from office meant he was unfit to hold public office.
The tribunal also cited the late submission of his nomination before the County Returning Officer saying the set timelines had lapsed when he presented himself.
“The respondent (IEBC) acted within the law in declining to clear the complainant (Karungo wa Thang’wa ) 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 tribunal concluded.
The IEBC Dispute Resolution Committee argued that the impeachment of Thang’wa in October 2019 was valid and that it had not been successfully challenged in court.
According to the committee, applications to bar the impeachment were withdrawn in August 2020 with no orders issues on the matter.
The ruling stated that Thang’wa was not impeached per se but removed from office by the resolution of Kiambu county assembly.
“In light of the above then it’s clear in the minds of the committee that indeed the complainant was removed from office and orders that restrained the said removal had been vacated. The removal stands,” read the ruling.