Fingers are tightly crossed within the WIPER party fraternity ahead of a crucial ruling by the IEBC on a petition seeking to block its Machakos governorship candidate Wavinya Ndeti from contesting in the August 8th elections.
With only two months to the general elections, the petitioner Kyalo Peter Kyuli, is seeking to have Wavinya’s candidature nullified based on a number of legal technicalities, among them, breach of Political Party Act and the Elections Act.
While the Independent Electoral and Boundaries Commission (IEBC) has already cleared Wavinya and, in fact, issued her with a certificate, political analysts are leaving the options open for the electoral body, which could overturn its own decision if it finds the evidence of breaching the law compelling enough.
Mr Kyuli is the MCA for Wamunyu ward in Machakos constituency. Among his 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.
A supporting affidavit by WIPER leader and Machakos Senator Johnstone Muthama also alleges that Wavinya does not qualify to be a candidate of WIPER as provided for by the party’s constitution and nomination rules.
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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.
Legal experts say allowing Wavinya to contest the seat on a WIPER ticket after 5th April would open the gates to hundreds of independent aspirants who had been locked out, in effect going against the legislation that outlaws party hoping.
Despite joining WIPER, Wavinya is still a member and practising party leader of Chama Cha Uzalendo, documents show. Justice Odunga in his ruling of 11th May, 2017, ordered the political party registrar to recognize Wavinya Ndeti as a member and Party Leader of CCU. This judgement has not been challenged by Wavinya nor reversed.
This was also captured in a letter by IEBC chairman Wafula Chebukati, who on 26th May, 2017, referred to Wavinya as the legally recognised Party Leader of Chama Cha Uzalendo. According to the Political Parties Act, section 14(5), “a person shall not be a member of more than one political party at the same time.”
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The Political Parties Tribunal ruled that the two nomination exercises undertaken by WIPER for Machakos governor seat were irregular and ordered the party to give direct nomination to a candidate based on its constitution and nomination rules.
WIPER’s constitution and nomination rules require a person to be the party’s member three months prior to receiving a nomination certificate. But Wavinya, as it were, joined wiper on April 6th and got the nomination before the lapse of the three months.
But Wavinya says her nomination has already been determined by a court of competent jurisdiction and describes the petition as a witch-hunt.
“The objection to my nomination is defective and merely a witch-hunt as it seeks to reopen issues which have already been previously determined by a competent tribunal,” the tribunal heard,” she says. “The tribunal should dismiss the petition as incompetent and an infringement to my political rights.”
The politician maintains she is no longer a member of CCU, having resigned on 5th April and filed the same with the Registrar of Political Parties.
[crp]
