A Kajiado court has thrown out, with cost, an election petition case seeking to annul the nomination of Sandra Mario to the county assembly.
Elizabeth Jebet had prayed to court to stop Mario’s nomination to Kajiado county assembly late last year on arguments that the MCA did not fall under special interest category.
Jebet, in her election petition case No. 2 of 2017 sued the Independent Electoral and Boundaries Commission, the Orange Democratic Party and Mario as a third respondent.
She argued in court that the IEBC and ODM created and publicised party lists for special seats and allocated them to political parties in contravention of the Kenya constitution 2010.
The petitioner further argued before Kajiado Principal Magistrate, Margaret Kasera, that IEBC and ODM contravened Articles 90, 35 (1) (b) and 38 (1) of the constitution and sought the annulment of Mario’s nomination.
There was a bit of drama when Jebet further argued that Mario’s father is an Italian, who is not a Kenyan national, but Mario in her defense produced her identity card and ODM’s life member certificate.
Jebet failed to explain to the court how her name was gazetted as member of the marginalised group and yet the party had not endorsed her.
The list was prepared by ODM and later presented to IEBC for publication before August 8, 2017 general election but Jebet’s name was, surprisingly, in the list after publication.
Lawyers for the ODM said they were shocked to find Jebet’s name in the list and yet her name had not initially been floated. They said the petitioner must have fraudulently sneaked her name in the list of nominees.
Mario’s name was number one on the list presented to the IEBC by the party, meaning her chance of being nominated was highest.
In her ruling on January 23, Kasera said Jebet’s petition had no merit and therefore dismissed it with all costs incurred by the respondents.
Mario vigorously campaigned for ODM presidential candidate, Raila Odinga, in the last campaigns ahead of general election as she traversed the region in company of the Nasa team.
She is also a vocal and an active member of the county assembly, who has joined forces with the likes of Ildamat MCA, Samuel Teum to represent the minority members in the House.
Speaking soon after the court ruling, Mario said; “I believe my loyalty and hard work in support of my party is what triggered my nomination. Some people think they are more ODM than others, and that narrative in my case is a fallacy.”
The MCA claimed that some people even attempted to collect signatures to begin an impeachment process for her but that God stood in their way.
“I thank God for yet another victory in this petition case. I am telling all those who spited me to come and work with me. The case they took to court cannot stop me from showing them my love,” said Mario.