IEBC has nullified the nomination of Wavinya Ndeti as WIPER gubernatorial candidate for Machakos County, dealing a major b**w to the party and her quest to contest for the governor seat.
The Independent Electoral and Boundaries Commission (IEBC) reversed her nomination on grounds that she was a member of two parties – WIPER Democratic Movement and Chama Cha Uzalendo (CCU) – when she was given the ticket.
It is a crucial triumph for Kyalo Peter Kyuli, the MCA of Wamunyu in Machakos, who filed the petition to have Wavinya’s candidature nullified based on a number of legal technicalities, among them, breach of Political Party Act and the Elections Act. It will also be a major relief for Machakos Governor Alfred Mutua if Wavinya is completely barred from contesting.
The Independent Electoral and Boundaries Commission (IEBC) had already cleared Wavinya and, in fact, issued her with a certificate. Among Kyalo’s arguments against Ms Ndeti is that she is currently a member of two political parties – WIPER and Chama Cha Uzalenda (CCU) which is against the law.
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A supporting affidavit by WIPER leader and Machakos Senator Johnstone Muthama had said that Wavinya did not qualify to be a candidate of WIPER as provided for by the party’s constitution and nomination rules.
According to the registrar of political parties, Wavinya joined Wiper Party on 6th April, 2017, which was past the 5th April deadline set by law and IEBC. To qualify to participate in party primaries, she ought to have been a member of WIPER by at least 5th April.
“This is contrary to section 31 of the Elections Act which provides that primaries could only be conducted using the party membership list submitted to the IEBC,” Kyalo, through his lawyer Omwanza Ombati, argues.
Hundreds of candidates all over the country were denied chances to switch parties after 5th April and had to vie as independent candidates.
But Wavinya had maintained that her nomination had already been determined by a court of competent jurisdiction and described the petition as a witch-hunt.
It’s back to the drawing board for Wavinya, as the clock ticks to August 8th, when Kenyans go to polls in the much-awaited general elections.