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In a letter dated Thursday, the Clerk of the National Assembly confirmed receipt of the petition and stated that it had been transmitted in line with established constitutional and statutory procedures governing petitions concerning the conduct of public office holders.
The petition, filed by Eliud Karanja Matindi at the Nairobi High Court, claims the elevation process ignored public participation and lacked transparency, operating without clear rules.
Court papers urge that a temporary order be issued stopping the Commission from conducting any elections or referenda without first reviewing the number, names, and boundaries of electoral units.
The original petition named both JW Marriott and Ritz-Carlton as respondents, claiming the camp disrupts wildlife migration routes and breaches constitutional safeguards for ecosystems. Since filing, however, discussions between involved stakeholders have reportedly addressed some of the concerns
Filed under a certificate of urgency, the petition argues that the VC has used his final six months in office to make decisions that breach principles of good governance. Justice Byram Ongaya of the Employment and Labour Relations Court in Nairobi has certified the matter as urgent and ordered that all parties be served ahead of the hearing scheduled for December 16.
The petitioner, Centre for Litigation Trust, argued in court papers that the sudden removal of security appears aimed at pressuring the two leaders to alter their political views and affiliations. While other Governors and Senators continue to enjoy police protection, Natembeya and Khalwale have been singled out, leaving them vulnerable.
They argue that the state should use money collected through taxes, sovereign loans, the Road Maintenance Levy Fund, and other national levies, instead of turning the highway into a toll road. According to them, the proposed charge of Sh8 per kilometre is unjust because motorists have financed the construction and maintenance of the country’s main roads for years.
The decision stems from a petition filed by activist and Busia Senator Okiya Omtatah, who challenged amendments that attempted to give the NLC a one-year window to reach determinations and three years to carry out remedies in matters involving past land crimes. The court agreed with him that these timelines had no constitutional basis and would interfere with the Commission’s role.
Filed as Constitutional Petition No. E757 of 2025, the case challenges the legality of the National Tallying Centre, Section 39 of the Elections Act, and Regulation 83(2). Omtatah says these provisions create extra layers of verification at the county and national level, grant powers to County Returning Officers and the IEBC Chairperson to re-check or change results, and delay public access to election outcomes. He insists these measures contradict the Constitution and invite unnecessary interference and delays.
Lead petitioner Zedekiah Adika, who traveled from Mombasa with fellow petitioners, stressed the CS Wahome's attendance was essential, noting that the ministry is the main implementing authority for structural upgrades. He also demanded that petitioners be reimbursed fully from the ministry’s budget if they had to return due to repeated absences.
According to the petition filed in the High Court, Matindi wants the entire Act suspended, arguing that its provisions on the transfer of state assets to private hands undermine the collective ownership of public resources by Kenyan citizens. The court has ordered that Attorney-General Dorcas Oduor and Parliament be served with the suit papers within three days ahead of a mention scheduled for November 17.
The petition has been filed by Captain J N Wafubwa, who claims the Chief Justice has failed in her duty to protect the integrity of the judicial system. He alleges that instead of ensuring open and transparent court operations, she has used her authority to block processes and frustrate the conclusion of certain legal matters.