A high-stakes court decision has handed Wavinya Ndeti the gubernatorial aspirant’s seat on a clean Wiper ticket.
Justice George Odunga ruled that the contested nomination in grounds that Wavinya was a member of two parties was illegal.
He said IEBC in throwing in the contest did not interrogate Wavinya’s resignation fully and that her letter took effect on April 5, 2017, when she handed it in.
IEBC wanted Wavinya barred from the August 8 General election for being a member of two parties.
In their submissions, IEBC maintained that Wavinya did not resign from Chama Cha Uzalendo (CCU) before joining the Wiper Democratic Movement as required by the law.
Judge Odunga has quashed the decision and prohibited the implementation of the decision.
The judge has also compelled IEBC to include Wavinya’s name as a Wiper party nominee.
Judge Odunga said that IEBC had pegged its argument on deadlines set for party hopping and failed to interrogate the contractual coalition agreement between Wavinya’s CCU and Wiper hence the allusion of dual membership could not wash.
He said the PPDT had already endorsed Wavinya’s membership when the decision to block her nomination was made.
“IEBC acted in breach of doctrine and principles… and appeared to overlook the role of PPDT,” The judge said.
He said the commission cannot assume roles that it does not have in law.
The judge said IEBC took into account irrelevant material adding that Wavinya’s resignation letter “became operational the moment the PPDT receive her written notice.”
Jurisdiction of IEBC
Wavinya, decision through her lawyers Willis Otieno and Nzamba Kitonga has questioned the jurisdiction of the IEBC committee to determine the question of party membership saying that the powers to determine membership is solely vested on the Political Parties Dispute Tribunal (PPDT).
She further told the court that IEBC had no jurisdiction to hear and determine the matter filed before the electoral commission committee and that IEBC was a wrong forum for the petitioner to raise his complaint.
Wavinya had urged the court to quash the IEBC decision that was to bar her from contesting in the August 8 2017 polls.