A Kisumu voter has moved to court seeking to have Jubilee candidate for the Kibra parliamentary race McDonald Mariga blocked from the mini poll slated for November 7.
Bernard Ongir has filed a petition, where he argues that the Independent Electoral and Boundaries Commission (IEBC) unlawfully cleared Mariga for the race.
In a petition filed under a certificate of urgency before Kisumu High Court Judge Fred Ochieng, he says that the law was not followed in approving Mariga's candidature.
"The first respondent (IEBC) failed in its obligation and without following the law approved the candidature of the second respondent (Mariga),” reads the petition.
He had listed Mariga and the IEBC as respondents, and also wants the court to suspend the by-election until the said anomalies are corrected.
The judge transferred the matter to the Human Rights Division Court in Nairobi, where it is expected to be heard on October 23.
Mariga's approval to run for the seat has been contested from the start after IEBC proceeded to clear him despite having registered as a voter only weeks prior.
Questions have also been raised about his real age, with politicians from the Jubilee Party also appearing divided about his bid, with others backing his rival candidate Imran Okoth of ODM.