Football Star McDonald Mariga’s candidature for Kibra by-election still hangs in the balance after a voter filed a case at the High Court seeking the reversion of his clearance.
In the petition, Leina Konchellah, argues that the footballer turned politician was cleared erroneously after he failed to verify that he is a registered voter.
The voter now wants the Independent Electoral and Boundaries Commission (IEBC) to halt the process of printing ballot papers until the case is heard and determined.
The petitioner has insisted that allowing Mariga to contest for the seat is unlawful and against the will of the people of Kibra.
Through Odindo & Company Advocates, Konchellah has mentioned Jubilee Party, IEBC and Kibra Constituency Returning Officer as respondents.
“This decision violates the Article 99 (a) and (b) of the Constitution in that it has enabled second Respondent (Mr Mariga), who is not a registered voter and has questionable integrity to participate in the said by-elections,” she states in the petition.
The petitioner further faulted Mariga for failing to meet the legal requirements in the case. She argues that she is a voter registered at Kang’ethe Primary School Polling Station in Kibra Constituency and she is not ready to allow an outsider take part in the exercise.
The IEBC had, earlier on, blocked Mariga from contesting before his clearance.