BY SAM ALFAN.
Political Parties Disputes tribunal has temporarily barred United Democratic Alliance (UDA) from submitting to electoral body provisional nomination certificates for Roysambu constituency.
In a ruling, the Political Parties Disputes Tribunal also barred UDA, which is the vehicle Deputy President William Ruto will use to contest for the presidential seat, was also barred from submitting nominees of four contested positions of MCAs.
“That the Respondents(UDA) are hereby restrained from presenting/submitting to IEBC any provisional nomination certificates that may be issued in respect of the nomination exercise of today 20th April 2022 pending hearing and determination of this matter on the question of the validity of the provisional nomination certificates already issued to the Complainants herein”, Ruled Tribunal.
The tribunal said the order will remain in force pending determination of a case filed by five aspirants, who have questioned the validity of provisional certificates issued by UDA before the party orders for fresh nominations.
Other than Roysambu constituency, UDA was barred from presenting the nominees in the just concluded primaries for Nairobi City Central Ward, California ward, Pumwani ward, Eastleigh and Ngara wards.
The petitioners include James Wanjohi (Roysambu), Peter Munge (Nairobi city Central Ward), Hashim Kamaij Kimani (California ward), Paul Ndung’u (Pumwani Ward), and Cyrus Kanyi Ndirangu (Eastleigh South Ward and Anthony Kirubi Njoroge (Ngara Ward)
They urged the Tribunal to issue a temporary injunction restraining UDA from conducting repeat nominations in Roysambu and the stated wards.
“We are apprehensive that the repeat elections will proceed on April 20,2022 since the Electoral and Nomination Dispute resolution committee cannot issue injunction orders against the National Election Board and should the Respondents proceed with the repeat elections, the Applicants’ win and voice of the majority will be rendered obsolete and their hard work will go down the drain despite their meritorious victory and dedication to vote,” they said in the petition.
They argue it is therefore necessary for the Tribunal to restrain the imminent but illegal and unlawful repeat nomination process in the interest of justice and due process.
The complainants were never made aware of such proceedings, if any or given an opportunity to be heard in the proceedings and the actions of UDA of calling for repeat elections amounts to them being condemned unheard.
They are apprehensive that UDA will proceed to conduct the repeat elections since the ballot documents and equipment for the repeat elections have already been prepared.
They claim that on April 18, 2022, the complainant filed a Nomination Dispute before the Electoral and Nomination Dispute Resolution Committee seeking annulment of the gazette advertisement for repeat elections of April 17, 2022.
They also filed a Nomination Dispute before the Electoral and Nomination Dispute Resolution Committee seeking annulment of the gazette advertisement for repeat elections of April 17, 2022.