I am not privy to neither am I in any way involved in Kethi’s case but, based on my understanding of the facts in this case and knowledge, Kethi has the following points I am fairly certain she will prevail in some if not all of them in making her case before the High Court against the obviously compromised and incompetent IEBC:
- The issuance of Kethi’s clearance certificate by IEBC was final (the obviously compromised and incompetent body) had no jurisdiction to hear the complaint filed by TNA adba Jubilee Alliance. I put my apt and copyrighted description of this obviously compromised and incompetent body in quotes because it’s not necessary to use or put that language in pleadings or proceedings but fair game to point out the same by other means, as I am sure they will.
- The High Court should review the case de novo, meaning, trash the factual finding by the obviously compromised and incompetent IEBC as to whether Kethi is a registered voter and make its own factual findings.
- One of those factual findings should be Kethi is a registered voter, even if she fails to prove so on account IEBC has proven it’s compromised and incompetent enough to have had someone simply delete Kethi’s name from all of the many registers IEBC illegally maintains of registered voters.
- The argument that Kethi used an expired passport and copy of her ID to register should be first dismissed on the basis the obviously compromised and incompetent IEBC is estopped from making the argument (legally stopped from making the argument because they already accepted the identification docs, flawed as they may have been it’s too late and detrimental to Kethi to argue that now; had they rejected the items when she presented them, she would have had an opportunity to find other forms of acceptable ID; she obviously can’t do that now as registration is closed). Alternatively, the High Court can simply rule as it should that an expired passport is an acceptable form of identification under the Election Law. There is nothing in our Constitution or Election Law that says a passport must be valid in order to qualify as an identification document; in fact, an “identification document” for purposes of Election Law is defined as “a Kenyan national identification card or a Kenyan passport.” Note the absence of “valid” or “unexpired” before the word “passport” which would have to be present in order to make validity of a passport necessary or required to qualify as an identification document. I fully expect Kethi and her lawyers to make this argument and have no doubt the court will agree as it should and must if proper interpretation and application of law means anything. Either ruling will moot the issue.
- Whether she voted or where is irrelevant as to the question of whether she is a registered voter.
If the rule of law that started taking hold upon promulgation of the new constitution is still alive, we should expect the High Court to rule in favor of at least some or all of these points, especially #3, which should be sufficient to clear the way for Kethi’s candidacy and election as first elected woman senator representing the people of Makueni.