Court Grants Interim Orders in TEP Challenge Against IEBC Over Elgeyo Marakwet By-Election
The High Court of Kenya at Uasin Gishu County, Eldoret Law Court, has certified urgent and granted interim orders in a case filed by The Equitable Party (TEP) against the Independent Electoral and Boundaries Commission (IEBC) and Edward Kiplimo Mengich.
The case, challenges the IEBC's decision to remove TEP's candidate from the upcoming ward by-election in Elgeyo Marakwet County after the official withdrawal period had elapsed.
In orders issued on November 5, 2025, by Hon. Lady Justice Emily Ominde, the court stated:
1. That the Application is certified urgent.
2. That interim orders are now hereby granted in terms of Prayers 2, 3 and 5 pending further orders of the Court.
3. That for reasons that this Court Number 3 already handled a related matter involving the election of the Speaker of the County of Elgeyo Marakwet, the matter is referred back to Hon R. Nyakundi, Court Number 1 for re-allocation to another court.
4. Mention before Court Number 1 on 10th November 2025 for directions.
The court document warned that any disobedience or non-observance of the order may result in penal consequences to the disobedient party or person(s).
Meanwhile, in a separate press statement issued in Vihiga, TEP National Leader Dr. Gilbert Shanga criticized the IEBC for biased conduct favoring the United Democratic Alliance (UDA), which led to the disqualification of their candidate.
Image: Dr Gilbert Shanga, PL TEP (MIDDLE -green blazer), flanked with party officials,Dr Patrick Saisi, former Deputy Governor of Vihiga, now Director of Political Affairs for TEP, on the left(Yellow blazer) and Emmanuel Soreh,SG TEP, (photo courtesy)
Dr. Shanga alleged that the candidate was intimidated and bribed after posing a strong challenge to his opponent. He also faulted the Eldoret Court for failing to issue a ruling despite earlier assurances of a decision on the same day.
Dr. Shanga reaffirmed TEP's commitment to pursuing justice through legal means, accusing political opponents of undermining democracy by denying Elgeyo Marakwet residents their constitutional right to choose their preferred leader.
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