Presidential hopeful Cyrus Jirongo wants a recent court decision which declared him bankrupt set aside to allow him challenge its legality.
The former Lugari MP through his lawyer yesterday told High Court Judge Olga Sewe that he will be highly prejudiced because the bankruptcy order will bar him from contesting the repeat presidential elections set for October 26.
Through his lawyer, Mr Jirongo said that should his application succeed later and yet the decision was not suspended, his rights to contest the election will have been greatly violated to an extent which cannot be redeemed because the electoral process will have passed.
His application has, however, been opposed by businessman Sammy Boit Arap Kogo, who had obtained the order against him.
Justice Sewe earlier this month declared Mr Jirongo bankrupt after finding that the politician is unable to pay a debt of Sh700million which he owed some eight companies belonging to Mr Kogo.
“Should the court make a ruling in favour of Mr Jirongo after the elections are concluded, then his right as a citizen to contest in the elections will have been greatly violated,” Mr Jirongo’s lawyer said.
He urged Justice Sewe to adopt the position earlier held by the High Court where it declined to stop President Uhuru Kenyatta and his Deputy William Ruto, from contesting the 2013 General Election based on allegations against them which were still the subject of a court process.
Mr Jirongo’s lawyer said the suit which led to the bankruptcy order did not fully comply with the law establishing the bankruptcy proceedings.
He added that it was also an abuse of the court process because a related matter had been filed in court earlier and dismissed.
Mr Jirongo is also questioning the signatures in the court papers saying they may be a forgery as they are not similar from a casual look and need to be verified.