- Mr Konchellah says the documents Mr Mariga presented to the commission could be having integrity issues.
- Mr Mariga is said to have registered in Starehe 12 days after the Kibra seat was declared vacant, a factor the petitioner said was another ground for barring him.
Pressure from allies of Deputy President William Ruto and top Independent Electoral and Boundaries Commission (IEBC) officials led to the clearance of football star McDonald Mariga to vie for the Kibra parliamentary seat, the Nation has learnt.
According to a source at the commission, Kibra Returning Officer Beatrice Muli was right in barring the Jubilee candidate from running because he was ‘not a registered voter’.
“The lady was right, but pressure from top officials made the decision be rescinded,” said the source.
However, Mr Mariga’s woes might not be over, since a voter in Kibra, Mr Leina Konchellah, who petitioned the IEBC to state its position on the issue of Mr Mariga’s age, might move to the High Court.
In the Monday ruling, the electoral commission tribunal largely concentrated on the authenticity of Mr Mariga’s registration as a voter, and not the authenticity of his ID.
“It is curious to note that the complainant presented a national identity card indicating his date of birth as April 1987, and further presented his Kenya Certificate of Secondary Education certificate indicating he sat his Form Four examinations in November/December 2002,” says Mr Konchellah.
He says the documents Mr Mariga presented to the commission could be having integrity issues, and thus go against Chapter Six of the Constitution.
In its 20-page ruling delivered at its headquarters, the tribunal said that Mr Mariga is duly registered as a voter and that the decision by the Kibra returning officer had been set aside.
IEBC chair Wafula Chebukati, accompanied by commissioner Boya Molu, ordered the returning officer to immediately process Mr Mariga’s application for nomination as the Jubilee candidate for the November 7 by-election.