BY SAM ALFAN.
It is a temporary reprieve for Wiper gubernatorial candidate Wavinya Ndeti after high court temporarily stayed IEBC Committee decision that nullified the her nomination.
Justice George Odunga further directed IEBC to include the Wipers governor aspirants name in the gazette notice.
The judge noted that if the application by Wavinya fails nothing will stop IEBC from omitting her name from the ballot papers with the result that no one shall have been unduly prejudiced.
“Accordingly there will be a stay of implementation of the decision of IEBC pending hearing and determination “ruled Odunga
The court ruled that to decline to grant the stay orders sought by Wavinya would have the effect of making it impossible for Wavinya to recover the ground that shall have been lost during the period of the proceedings while her opponents will be at liberty to continue with their campaigns that will put her on a disadvantage.
Machakos Gubernatorial aspirant Wavinya Ndeti moved to the high court this morning seeking orders to stay IEBC committee decision that blocked her from running for the top seat in the county.
In a certificate of urgency Ndeti argues that the respondent’s decision are prejudicial and violates her right to participate in public elections and further threatens to violate the political rights of people of Machakos County to freely elect a person of their choice as a governor.
Wavinya claims that in arriving at the decision that she’s a member of two political parties, IEBC did not accord to the principles of the constitution and the political parties Act in particular provisions on membership to a political party.
“Unless the orders are granted, the people of Machakos County will suffer irreparable loss and harm, “Wavinya argues.
Wavinya further is seeking orders stopping the implementation of yesterday’s decision.
She also wants the court to direct IEBC to include her name in the candidates list to be published in the Kenya gazette.
In her affidavit, Wavinya claims that she resigned for the Chama Cha Uzalendo Political Party on the 5th of April 2017 and joined Wiper Party when the CCU entered into a coalition agreement with the Wiper Party.
She argues that it is erroneous for IEBC to assert that she belongs to two political parties when it’s clear from all the record in place that she is no longer a member of the Chama Cha Uzalendo Part but a member of Wiper Party.
“The process leading to the impugned desiicon is illegal, procedurally unfair and violates basic tenets of the rule of law, principle of natural justice and the right to a fair hearing, “argues Wavinya.
Yesterday the IEBC dispute Resolution Tribunal annulled Ndeti’s nomination as Wiper Candidate in Machakos governorship on grounds that she was a member of two parties-CCU and Wiper.
Wiper party, Registrar of Political parties, Kyalo Peter Kyuli have been named as interested parties.
