Why Mariga’s bid to return to Kibra race is likely to fail

Jubilee Party nominee McDonald Mariga has filed a complaint with the electoral commission after his candidacy was invalidated.

Mariga got a rude shock on Tuesday after an electoral commission returning officer, Beatrice Muli, informed him that he is not a registered voter.

According to Muli, Mariga's name was yet to be captured in the Independent Electoral and Boundaries Commission's (IEBC) register despite saying he had registered at Kariokor two weeks ago.

In his complaint to the IEBC Dispute Resolution Committee, Mariga insisted that he has met the requirements for nomination.

"I have been advised by my advocates on record...that the law allows for continuous registration as a voter under the Elections Act, Section 5(1) and the voter registers are being updated continuously as per the respectable laws," Maraga contends in his application filed on Wednesday.

According to the Elections Act of 2011 section (5), registration of and revision of the register of voters shall be carried out at all times save in three scenarios: in a general election or run-off election, by-election and referendum.

In the case of a by-election, the Elections Act prohibits voter registration between the date of the declaration of the vacancy of the seat concerned and the date of such by-election.

In Mariga’s case, he said that he registered on August 26, 2019, at the Kariokor Social Hall Polling Station in Starehe Constituency.

But National Assembly Speaker declared the seat vacant on August 14, while on the other hand, the IEBC declared the seat vacant two days later on August 16, 2019.

This means that Mariga registered as a voter 10 days after IEBC declared the seat vacant, which seemingly locks him out of the race for Kibra.

The Kibra by-election is scheduled for November 7, 2019.