Disqualification of Kethi Kilonzo from the 2013 Makueni senatorial byelection was revisited on Friday as the star-studded legal team of former Harambee Stars footballer McDonald Mariga sought to convince the Independent Electoral and Boundaries Commission (IEBC) tribunal to revoke a decision to disqualify him from the Kibra race.
In the 2013 case, the High Court upheld Kethi's disqualification from running for political office in spite of having an acknowledgement slip as her name was missing in the voters' register.
Wafula Chebukati, who is the chairman of the electoral body, invited Mariga's lawyer, Elishah Ongonya, to weigh in on the Kethi Kilonzo case.
"It is the decision of the High Court, a three-judge bench on the Kethi Kilonzo case which says that a slip is not really, does not have any property value. In fact, what you need more is you need to look at the register. Is it... would you want to say anything about that, " Chebukati asked. (0:19-0:43)
In his response, Ongonya said that the High Court decision could not be used to determine the footballer's case as there had been a change in the law.
"It was rendered on the 19th day of July the year 2013. It was rendered on the strength of the law as it stood on the 19th of July 2013 and it may be a correct decision on the strength of that law, " noted the lawyer. (1:17- 1:35)
"Following this decision by an instrument of legal notice number 73 of 2017, there was a change of law, " he added.
Mariga's complaint, the lawyer said, was founded on the 2017 law and not on the 2013 law that had been used to decide the Kethi's case.
IEBC declined to clear Mariga to vie for the seat after his name was not found in the 2017 voters' register.
The footballer has appealed the decision.