BY SAM ALFAN.
Independent electoral Boundaries Commission (IEBC) maintains Wavinya Ndeti did not resign from the chama Cha Uzalendo Party as required by the law.
Lawyer Paul Nyamodi submitted that as of the date of the purported resignation -6th of April Wavinya ndeti is still a member of CCU, In their submission IEBC said that Wavinya only became a member of Wiper Party on the 24th of April 2017 when CCU entered into a coalition agreement with wiper party.
“Wavinya Ndeti became a member of Wiper on the 24 th of April 2017 and not on the 5th as they want people to believe. She is not eligible to seek any elective position as a member of wiper having joined after the maximum 120 days membership requirement which begun on the 8 of April 2017” submitted Nyamondi.
The coalition agreement does not meet the threshold of resignation from one party. Lawyer Paul Nyamodi argued that Wavinya is guilty of party hoping.
Wavinya is not eligible to be nominated by any party to contest in any seat in the general elections.
“The grounds made by Wavinya in this case including that of legitimate expectations have not be proved and for those reasons the application for judicial review should be dismissed with costs,”argued Nyamodi
However Ndeti dismissed the arguments by IEBC saying that she resigned from CCU party on the 5th of April.
In her submissions Wavinya submitted that IEBC had no jurisdiction to hear and determine the matter filed before the electoral commission committee.
Wavinya further questioned the jurisdiction of the IEBC committee to determine the question of party membership saying that the powers to determine membership is vested on the political parties Dispute Tribunal.
She urged justice George Odunga to quash the IEBC committee decision that barred her from contesting in the August polls.
Through her lawyer,the court was told that IEBC was a wrong forum for the petitioner to raise his complaint against Wavinya Ndeti.
“The only avenue for him was to appeal against the decision at the high court not IEBC,” argued. Wavinya She further submitted that the MCA was not a candidate during the nomination process adding that he came in at the last minute as a busy body.
High court judge George Odunga will next week deliver a ruling on the nomination of Wiper Gubernatorial aspirant Wavinya Ndeti.
