July 27th 2017

Top Stories / 2017 Elections

Dr Mutua in tough war after Ms Ndeti survives court battle

Ms Ndeti is now free to engage in full throttle campaigns after the Court of Appeal in Nairobi quashed an appeal by a petitioner, Wamunyu MCA in Machakos County Kyalo Peter Kyuli who had challenged High Court decision that allowed her to run.

By Phillip MuleeFriday, 14 Jul 2017 11:10 EAT

Wiper leader Kalonzo Musyoka welcomes Chama Cha Uzalendo boss Wavinya Ndeti to his party during a press briefing at his party's headquarters in Nairobi.

Kalonzo Musyoka’s Wiper candidate for Machakos gubernatorial race Wavinya Ndeti has won a court battle and will be running on August 8.

Ms Ndeti has survived after Judges Erastus Githinji, Hannah Okwengu and Jamilla Mohamed today agreed with the High Court in quashing the Independent Electoral and Boundaries Commission (IEBC) decision to stop her from contesting.

Ms Ndeti is now free to engage in full throttle campaigns after the Court of Appeal in Nairobi quashed an appeal by a petitioner Wamunyu MCA in Machakos County Kyalo Peter Kyuli who had challenged High Court decision that allowed her to run.

The electoral body had blocked Ms Ndeti out of the race after finding that she was a member of two parties at the same time-Wiper Democratic Movement-Kenya and Chama Cha Uzalendo (CCU).

The cancellation followed Mr Kyuli’s petition, who had asked the Political Parties Dispute Tribunal to nullify Ms Ndeti’s nomination and revoke the certificate awarded to her by Wiper.

In his petition, Mr Kyuli argued that Ms Ndeti ditched her CCU party for Wiper on April 6, 2017, a day after the party-hopping window had been shut by the courts.

The High Court had ruled that no party hopping should be allowed after April 5, 2017.

According to the 2011 Elections Act, he had told IEBC, anyone who decamps to another party 120 days to the election date is deemed to have breached the set rules and cannot be allowed to contest on their new party’s ticket.

MCA Kyuli petitioned that by being the party leader of CCU and a member of the Wiper party, Ms Ndeti was committing an electoral offence.

He cited a letter by IEBC chairman Wafula Chebukati, dated May 26, 2017, in which he confirmed that Ms Ndeti was still the CCU leader despite having decamped to Wiper following an agreement with Mr Musyoka.

He further argued that Wiper allowed a stranger to participate in its primaries against the 2011 Elections Act. IEBC agreed with him and cancelled her nomination.

But the High Court set aside this decision and Mr Kyuli took the battle to the appellate court.

Ms Ndeti is seen as a front runner to oust the incumbent Dr Alfred Mutua. Also on the race is Jubilee’s Lemi Muia and Deputy Governor Bernard Kiala who is running as an Independent candidate.

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