This archive report was first published on 11 September 2019.
On August 14, National Assembly Speaker Justin Muturi declared the Kibra seat vacant, triggering a by-election. However, according to section 5 (1)b of the Elections Act, all electoral activities, including voter registration, must stop upon declaration of a vacancy.
Despite this, footballer Mariga applied for voter registration on August 26, nearly two weeks after the vacancy was declared. His application is still pending, and he cannot be cleared to vie, as per an IEBC official.
However, IEBC Chairman Wafula Chebukati and two commissioners, Abdi Guliye and Boya Molu, ignored the legal team's advice and ordered the returning officer, Beatrice Muli, to clear Mariga. Insiders claim that the three were bribed by DP William Ruto's wing to clear Mariga despite the anomalies.
But Muli declined to clear Mariga because his name was missing from the voter's roll. She also feared that she would be held personally liable for any election malpractice, as per the law.
Mariga was listed as a voter in Kariakor, but his troubles did not come as a surprise and have been a matter for speculation within Jubilee circles. Unconfirmed reports also indicate that Mariga could have changed his age in his original ID card, which may put him in legal problems.
Mariga now has seven days to appeal the IEBC's decision to bar him from presenting his nomination papers.
