NAIROBI, Kenya, Aug 21 – The High Court has now barred the Orange Democratic Movement from presenting Augustino Neto Oyugi to the IEBC as its candidate for the Ndhiwa by-election due to alleged nomination irregularities.
The order was issued following a complaint lodged by an aspirant John Odhiambo Odira who claims that the nomination was not done in accordance with party rules.
In papers filed in court on Tuesday, the petitioner said that polling stations opened late and tallying was not done properly.
“The exercise was marred by voter intimidation, vote buying and extreme violence as captured in local media. This ought to be frowned on by the court,” Odira complained in the court papers.
He says agents for respective candidates were also not allowed at the main tallying centre, thus compromising the final tally.
“Tallying of the votes cast was not properly done and the only tally announced was that of Oyugi. Agents of the candidates except those of the 2nd respondent (Oyugi) were not allowed at the tallying centre,” he complained.
The court has now directed the applicant to serve ODM, the Independent Electoral and Boundaries Commission (IEBC) Oyugi with the suit papers. Justice Mary Ang’awa has also ordered that the matter come up in court for further orders on Wednesday.
Parties are expected to present their nominees to the IEBC for vetting between Wednesday and Sunday.
Meanwhile, The National Alliance party has moved to court seeking to vacate orders blocking the nomination of its Kajiado North nominee Moses ole Sakuda.
An order blocking TNA from presenting Sakuda’s name to the IEBC was issued on Friday when an aggrieved candidate Francis Parsimei moved to court.
Parsimei is arguing that the Sakuda’s nomination was no conducted in a transparent manner because most voters were not TNA party members.
In seeking the lifting of the order, TNA claims that the High Court has no jurisdiction to issue such drastic orders.
Vacation judge Justice Alfred Mabeya on Friday issued the order after Parsimei moved to court to stop the nomination of Sakuda, citing irregularities during the nomination.
Sakuda was declared winner of the nomination held last week with 16,130 (90 percent of the votes cast) followed by his only challenger, Parsimei, who got 1,677 votes.
Parliamentary by-elections for Kangema, Kajiado North and Ndhiwa constituencies are scheduled for September 17.
The seats fell vacant after the deaths of John Michuki (former Environment Minister), George Saitoti (former Internal Security Minister) and his deputy Orwa Ojode.