Former Dallas attorney and prosecutor Susan Kihika is back in the Nakuru Senatorial race after the High court quashed the decision to bar her from the race.
The Nakuru County speaker had been declared ineligible to run for the senate seat by the Political Parties Disputes Tribunal who argued that Speaker had not yet resigned her position prior to Jubilee party presenting her name as their candidate for the seat.
The ruling by the High Court delivered by Justice George Odunga pointed out that the action by PPDT was not within its mandate and the tribunal should not have acted on a matter that required interpretation of the constitution.
“The tribunal and subordinate court must act within their ranks and mandate to ensure proper administration of justice,” Judge Odunga directed.
This turn of events came after Kihika challenged the tribunal’s decision to bar her saying that its decision was in bad faith and an excess of power.
The petition that resulted in the PPDT ruling had been filed by Ms Margaret Wanjiru Kiiru, who is an independent candidate for the same seat.
Kihika through her lawyer Tom Ojienda also faulted the tribunal for proceeding to deliver judgment when there was an order stopping further proceedings of the case.
The tribunal chaired by Kyalo Mbobu had on Monday ruled that Kihika was ineligible citing Article 99 of the Constitution which states that a candidate who is still a Member of the County Assembly cannot vie for MP before resigning.
The chairman also said that the Jubilee party had violated the law by presenting her name for nomination before she resigned.
The application by Kihika to set the decision of the PPDT was supported by both the IEBC and Jubilee party.
