By NATION Reporter ( email the author)
Posted Friday, February 15 2013 at 12:47
Posted Friday, February 15 2013 at 12:47
A case challenging the eligibility of Deputy Prime Minister Uhuru Kenyatta and former Eldoret North MP William Ruto to contest the March 4 General Election has been dismissed.
The High Court on Friday said the Supreme Court has "exclusive and original jurisdiction" to hear election related disputes.
The five-judge bench comprising Justices Hellen Omondi, Luka Kimaru, Mbogholi Msagha, Pauline Nyamweya and George Kimondo ruled it has no jurisdiction to hear matters on qualification or disqualification of presidential candidates.
The court ruled that the Independent Electoral and Boundaries Commission (IEBC) and the Ethics and Anti-Corruption Commission (EACC) have the necessary powers to inquire into the integrity of persons seeking elective office.
However, the judges said there was no evidence that the bodies made enquiries on the integrity of the respondents.
Further, the court ruled that it would be prejudicial to the rights of Mr Kenyatta's The National Alliance (TNA) and voters to bar him from contesting the presidency.
"We cannot exercise the rights of citizens to choose leaders of their choice," the judges said.
The court said that while Mr Kenyatta and Mr Ruto were facing crimes against humanity charges at the International Criminal Court (ICC), they had not been convicted of any crimes.
"The presumption of innocence serves not only to protect the rights of the accused but to maintain public confidence in courts," the court said.
The bench heard submissions from among others the Independent Electoral and Boundaries Commission (IEBC), the Attorney General, Mr Kenyatta, Mr Ruto and civil society groups, who filed the petition.
Mr Kenyatta is vying for the presidency while Mr Ruto is his running mate in the Jubilee alliance.
The petition had challenged the eligibility of the two leaders who are facing Hague trials.
The charges stem from the 2007/08 post election violence that followed a disputed presidential election.
Mr Kenyatta and Mr Ruto are accused of masterminding the violence in which 1,133 people were killed and 650,000 uprooted from their homes. Former head of the civil service Francis Muthaura and radio presenter Joshua arap Sang are their co-accused.
A status conference was held at The Hague on Thursday where the accused asked the ICC judges to delay the trial claiming the prosecution had changed the nature of the case and introduced new allegations.
The ICC trials are expected to start in April.
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