SHOCKER: CORD’s KETHI KILONZO is NOT registered voter at Makueni – She should NOT VIE Tuesday June 25, 2013 - News just in indicates that Kethi Kilonzo, the daughter of late Makueni Senator, Mutula Kilonzo, is not a registered voter, according to Independent Electoral and Boundaries Commission (IEBC) register. This was revealed by The National Alliance (TNA) operatives who perused the IEBC voter registration record on Tuesday and saw Kethi Kilonzo is not a registered voter. Kethi Kilonzo was on Monday unveiled as Wiper Democratic Movement’s candidate for Makueni Senate race and these new revelations may leave the Makueni Senate battle wide open. According IEBC rules, one cannot vie for any political seat if he /she is not a registered voter The Makueni Senate seat fell vacant after the death of Mutula Kilonzo on April 27. More to follow….. The Kenyan DAILY POST Read the full Press Statement THE NATIONAL ALLIANCE PROMISO PLAZA, JOGOO ROAD P.O BOX 13913-00800 NAIROBI EMAIL: [email protected] WEBSITE: TNA.co.ke Date Direct TelNumber In repliesplease quote Yourreference T.B.A 24th June, 2013 ourreferenceTNA/IEBC24/06/13 Dear Sirs, RE: MAKUENI COUNTY BY- ELECTION The above matter refers. The National Alliance (TNA) wishes to formally communicate to the Independent Electoral and Boundaries Commission (IEBC) its grave concerns regarding the ineligibility of a candidate for the Makueni County Senatorial by- election. Section 24(1)(a) of the Elections Act (Chapter 24 of the Laws of Kenya ) prescribes that one of the qualifications necessary fora person to be nominated by a political party to contest for a Parliamentary seat ( whether National Assembly or Senatorial) is that one must be a registered voter. Section 24(1) is reproduced below. 24. (1) Unless disqualified under subsection (2), a person qualifies for nomination as a member of Parliament if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by the Constitution and this Act; and (c) is nominated by a political party, or is an independent candidate who is supported–– (i) in the case of election to the National Assembly, by at least one thousand registered voters in the constituency; or (ii) in the case of election to the Senate, byat least two thousand registered voters in the county. It has come to the attention of TNA that Ms. Diana Kethi Kilonzo, the Wiper Democratic Party candidate for the Makueni County Senatorial by-election,is not a registered voter. Our perusal of the voters register has confirmed that Ms. Kilonzo does not appear on the roll, nor is there any voter registration for Kenya National Identity Card Number 21216762, which is Ms.Kilonzo’s Kenya National Identity Card Number. We are also reliably informed that due to the fact that Ms. Kilonzo was not a registered voter, she did not vote during the March 2013 General Elections. TNA urges the IEBC to reject the proposed candidature of Ms. Kilonzo on the grounds that she is not legally qualified to contest for a Parliamentary Seat under the relevant Section of the Elections Act. Further we wish to remindthe IEBC that it does not have the legal authority to register any new voterswith respect to either this by-election. Section 5(1)(b) of the Election Actstates: 5. (1) Registration of voters and revision of theregister of voters under this Act shall be carried out at all times except— (b) in the case of a by-election, between the date of the declaration of thevacancy of the seat concerned and the date of such by-election; With the above in mind; it is our opinion that Ms. Kilonzo is statutorily barred from contesting in the Makueni County Senatorial by-election by dint of not being a registered voter; a fatal defect that the IEBC is statutorily barred from rectifying by registering her at this stage. We are also aware that the disqualification of Ms. Kilonzo means that theWiper Democratic Party will not be able to nominate another candidate to vie in the by- election in her place. This is by virtue of Section 13(2) of the Elections Act which states: (2) A political party shall not change thecandidate nominated after the nomination of that person has been received bythe Commission: It is instructive to note that based on Ms.Kilonzo’s disqualification under Section 24(1) of the Elections Act; herparticipation at this by-election, either as a
Posted on: Tue, 25 Jun 2013 09:13:50 +0000
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