Top Stories / National
Wednesday, 21 Jun 2017 11:09 EATcgitau@kenyafreepress.com
Kalonzo Musyoka’s Wiper party has today won a court battle to have its gubernatorial candidate for Machakos County Wavinya Ndeti to be on the ballot during the August 8, General Elections.
High Court judge George Odunga has quashed the Independent Electoral and Boundaries Commission’s decision to nullify Wavinya Ndeti’s nomination as the Wiper Democratic Movement’s candidate for the Machakos governor seat.
The Judge has ruled that the decision of the IEBC Dispute Resolution Committee was unreasonable and cannot stand. Consequently, he has prohibited the polls body from implementing the unlawful determination and compelled it to include her name in the ballot.
An emotional Ndeti celebrated after Judge Odunga ruled she is an eligible Wiper party candidate. He said the IEBC committee had no power to nullify the tribunal's decision.
Wavinya will face off with Governor Alfred Mutua of Maendeleo Chap Chap (MCC), Deputy Governor Bernard Muia Kiala who is running as an Independent candidate and Jubilee’s Lemi Muia in the August 8 general election.
Dr Mutua appears to have panicked over Wavinya's candidature since she joined Wiper which he ditched and formed MCC. On Monday, he conducted a clean up exercise in Athi-river and blamed her for sabotage claiming she was colluding with some county workers to stop working.
He said that some workers were being used to vandalise vehicles used to collect garbage so as to paint him as a non-performer. "I have reports that my rival Wavinya Ndeti is working with some of county government to sabotage my efforts, she is paying workers to vandalise vehicles used to collect garbage so as tools paint me as a non-performer. I want to tell her shame on you," said Mutua.
Wavinya moved to court after the IEBC's disputes tribunal nullified her nomination as Wiper's candidate saying a complaint against her was valid.
Wamunyu MCA Peter Kyalo filed a petition saying Ndeti is a member of Wiper Party led by Kalonzo Musyoka and her Chama Cha Uzalendo (CCU).
"This committee has considered submissions from both parties and has come to the conclusion that the complaint has merit and is therefore allowed"Commission chairman Wafula Chebukati said.
Kyalo noted the politician is a candidate for governor on a Wiper ticket yet she is still CCU's leader and member. He said the party allowed a stranger to participate in its primaries in violation of the Elections Act.
The tribunal further heard that Ndeti became a member of Wiper on April 6, a day after the defection deadline, and that her nomination was irregular and unlawful. Ndeti dismissed the claims made before the tribunal, saying her nomination was valid. She further argued through her lawyer that she was not a member of CCU.
However after the IEBC decision to bar Wavinya from contesting Kalonzo vowed to hire prominent lawyers to ensure the decision is quashed. And true to Kalonzo’s determination, she will fly the party’s ticket during the polls.
Meanwhile Wavinya later posted on her facebook page expressing confidence that she would win the August 8 polls.
“It is with profound confidence and gratitude that I would like to thank the people of Machakos for your never ending support and patience. We have passed yet another hurdle and I believe we have the tenacity to spur through to the 8.8.17. May you maintain calm and keep soldiering on as the big day comes close I know triumph beckons us.
“Our great God will always be with us and see us through all difficulties put on our way. Thank you for your support Machakos people. Justice had its way and it will do it again on 8.8.17. May God bless you and our great county”.