BY SAM ALFAN.
Decision by political parties Dispute Tribunal that declared Wanjiku Muhia as the Jubilee nominee for Nyandarua women representative has been overturned.
High court judge Stella Mutuku said that in granting such orders the tribunal breached the constitution and the political parties Act.
The court in its judgement declared Faith Wairimu Gitau as the bonafide nominee Women representative for Nyandarua County.
In the case Wairimu moved to the high court to challenge a decision by political parties Dispute Tribunal that directed Jubilee party to issue Wanjiku Muhia with the nomination certificate as duly nominated Jubilee Party representative for the seat of women representative for Nyandarua County.
Faith Wairimu Gitau urged the tribunal to dismiss the complaint saying that the nominations primaries were free and fair and accountable and that she won by a margin of 31,000 votes.
On Saturday political parties Dispute Tribunal directed Jubilee party to issue Wanjiku Muhia with the nomination certificate as duly nominated Jubilee Party representative for the seat of women representative for Nyandarua County within the next 12 hours of the judgement.
The kyalo Mbobu led tribunal ruled that the nomination certificate issued to Faith Wanjiru Gitau is null and void.
“The claimant Wanjiku Muhia is hereby declared as the duly nominated Jubilee Party representative for the seat of Women representative,Nyandarua County,”ruled the tribunal.
The tribunal noted that no one should be allowed to benefit from an illegality adding that the interest of justice demands that the people of Nyandarua should not be subjected to another nomination exercise where the two may be again be in the same court.
Tribunal said the allegations of votes were burnt was not proved.
“Burning votes cast amounts to nothing but suppression of evidence,especially when Jubilee Party knew that it’s own Appeals Tribunal was seized of the appeal by Wanjiku Muhia.
Muhia had argued that the nominations were not free and fair and the process was marred by irregularities.
