Former US-based Attorney and Nakuru senatorial aspirant Susan Kihika has received a major reprieve after the High Court suspended Political Parties Disputes Tribunal’s decision to bar her from contesting for the seat.
High Court Judge George Odunga on Tuesday granted Kihika a stay of the order pending hearing and determination of the judicial review case she filed.
“The applicant be and is hereby granted leave to apply for the Judicial Review Order of Certiorari to move into the High Court and quash the decision of the PPDT to assume jurisdiction to determine questions of constitutional interpretations outside Article 25(a) and (d) of the Constitution and a dispute between an independent candidate and a member of a political party,” read the ruling.
Odunga further barred the tribunal from hearing the petition challenging Kihika’s victory in the Jubilee Party primaries held in April.
“Leave is herein granted, stay of further proceedings in Petition 313 of 2017 pending before the PPDT till the hearing and determination of the motion or further orders of this court.”
The tribunal, under the chairmanship of Kyalo Mbobu on Monday ruled that Kihika was ineligible to contest for the post, as she failed to resign from the Office of Speaker of the Nakuru County Assembly before vying.
The petition against the greenhorn politician was filed by Nominated Member of County Assembly Margaret Wanjiru Kiiru, who is contesting for the seat as an independent candidate.
Kihika filed a case under a certificate of urgency, arguing the IEBC decision is prejudicial and violates her right to participate in public elections.