BY SAM ALFAN.
Westlands MP Tim Wanyonyi’s bid to defend his seat on an ODM ticket in the August 9 polls have been frozen temporarily after an aspirant moved to court challenging the party’s decision to hand him the nomination certificate.
Political Parties Tribunal barred ODM from forwarding Wanyonyi’s nomination to the Independent Electoral and Boundaries Commission (IEBC), pending the determination filed by Michael Gumo Magero.
“An order is hereby issued restraining the Orange Democratic Movement (ODM) party ,the Chairperson, ODM and ODM Party National Elections Board from forwarding the name of any person, other than the Michael Magero Gumo as the ODM party’s nominee or candidate for the Westlands Constituency member of Parliament pending hearing and determination of the application,” the tribunal ruled.
Magero moved to the tribunal after ODM chose to hand the nomination certificate to Wanyonyi, who initially indicated that he was gunning for the gubernatorial seat but stepped down for Polycarp Igathe.
Igathe was picked by Azimio as the coalition’s candidate in an arrangement between ODM, Wiper and Jubilee parties. Wanyonyi later decided to vie for the Westlands parliamentary seat.
Gumo, however, says he took part in the nomination on April 22 and garnered 1,661 votes against his close challenger Philip Kisia who got 627 votes. He was not issued with a certificate yet other aspirants were given the nomination certificate.
Through lawyer Duncan Okatch, Magero told the Tribunal that he won the nomination and was issued with a provisional certificate and his victory has not been disputed. He said he made numerous requests to be issued with the certificate but his requests had been ignored.
He said he spent a lot of resources and money to mobilise his supporters and his bid for the Westlands constituency seat.
“It is imperative to note that the party and the 1st respondent put in place an elaborate structure and process for electing candidates and Hon. Wanyonyi was not a candidate or aspirant for the position of member of National Assembly, having failed to apply for the same in accordance with the party’s constitution,” he said.
The presiding member of the tribunal M Lwanga directed the case to be mentioned in Kakamega for directions.
