BY SAM ALFAN.
Orange Democratic Party (ODM) Nairobi senatorial aspirant Gabriel Bukachi Chapia has appealed the tribunal decisions that directed ODM party National Elections Board to determine its senatorial candidate for Nairobi Candidate.
In a certificate of urgency filed in the high court, Chapia wants the court to restrain ODM from submitting to IEBC the name of Edwin Sifuna as the ODM Party’s senatorial candidate for Nairobi County
Chapia Chapia argues that the said decision of the tribunal is a travesty of justice and a seal of approval of the unprecedented political injustice.
The applicant now seeks the intervention of the court to protect his lawfully acquired certificate of Nomination and vested right to run the senate seat in Nairobi County in the August polls.
He says that the he was lawfully nominated as unopposed senatorial candidate for Nairobi County and was publicly issued with a certificate of Nomination. He argues that the impugned judgment is unjustified and the tribunal had no jurisdiction to grant the said orders.
“The rules of natural justice were not observed in arriving at the judgment of the PPDT, argues Chapia.
Chapia further claims that the directive that the ODM National Elections Board to determine senatorial candidate for Nairobi County is null and void.
Last week the high court dismissed Chapia’s a petition protesting against a move by ODM to take away his certificate.
Justice John Mativo without hearing arguments from parties struck out the suit, saying it had been filed in the wrong forum.
The judge ruled that Chapia should have first lodged a complaint before the party and its tribunal before approaching the court.
The politician wanted the court to stop the IEBC from gazetting Edwin Sifuna as the Senate candidate.
