This archive report was first published on 17 September 2019.
McDonald Mariga's chances of winning the Kibra parliamentary seat in the upcoming by-elections have been dealt a fresh blow after a voter petitioned the Independent Electoral and Boundaries Commission (IEBC) over his age and voter registration status.
According to the petition, Mariga's voter registration documents may have integrity issues, which could go against Chapter Six of the Constitution. The IEBC tribunal had previously cleared Mariga to run for the seat, citing that he was duly registered as a voter.
However, the petitioner, Leina Konchellah, has raised concerns that Mariga's documents, including his national identity card and Kenya Certificate of Secondary Education certificate, may be fake. Konchellah stated that Mariga's date of birth on his ID card is April 1987, while his KCSE certificate indicates he sat his Form Four exams in November/December 2002.
IEBC chair Wafula Chebukati and commissioner Boya Molu had previously ordered the Kibra returning officer to process Mariga's application for nomination as the Jubilee candidate for the November 7 by-election. However, the tribunal's ruling has been met with skepticism, with some questioning the authenticity of Mariga's voter registration documents.
Mariga's legal team had argued that the definition of a register under the Election Act is not limited to the Kiems Kit, and that the decision by the Kibra returning officer to disqualify him was ill-conceived and grossly illegal.
