Nyandarua Woman representative Wanjiku Muhia will challenge the decision by Jubilee Party to select Faith Wairimu Gitau as the candidate for the seat after conducting interviews.
Ms Muhia said she will file an appeal at the High Court because Jubilee carried out interviews instead of proper nomination as directed by the Court of Appeal on June 8.
She walked out of the ‘examination’ room at Jubilee headquarters in Pangani, Nairobi, on June 9. Four candidates took part in the interview.
Speaking to the Sunday Nation on phone, her lawyer Prof Tom Ojienda said he has received instructions from Ms Muhia to challenge the outcome of the interviews conducted by the party’s Elections Board.
“Candidates for various political seats are selected through nominations, which are legally recognised. Elections are not national examinations where candidates are required to answer questions,” Prof Ojienda said.
The lawyer, who is also a member of the Judicial Service Commission, said he will file a case at the High Court on Monday then press for orders to quash the alternative process invoked by Jubilee in settling on a candidate.
“What the candidates who had submitted themselves to the process of nominations carried out in Nyandarua were subjected to is alien in law and therefore the outcome of those interviews cannot be said to be due process,” the lawyer added.
BALLOT BOXES BURNT
He said the party is under legal obligation to comply with the orders of the Court of Appeal requiring the party to hold a repeat primary after annulling a High Court decision to hand victory to Ms Gitau who allegedly won with 106,004 votes against the incumbent’s 75,000 votes.
During the nomination ballot boxes and other voting materials were burnt.
Appellate Judges Roselyn Nambuye, Daniel Musinga and Stephen Kairu Gatembu directed Jubilee to repeat the exercise within 48 hours.
“I will ask the High Court to uphold the law and quash the results of the unknown irregular process used by JP to pick a candidate for the seat,” Prof Ojienda said.