High Court finds IEBC decision to bar Ndeti from Machakos race ‘unreasonable’

June 21, 2017 (5 weeks ago) 10:46 am
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Ndeti at the Milimani Law Courts/CFM

, NAIROBI, Kenya, Jun 21 – Wavinya Ndeti’s name will be on the ballot come August 8 as the Wiper Democratic Movement’s nominee for the Machakos County gubernatorial elections.

This follows Judge George Odunga’s decision Wednesday to set aside the Independent Electoral and Boundaries Commission  verdict nullifying her nomination on grounds that she was still a member of Chama Cha Uzalendo (CCU).

The judge quashed the committee’s June 8 determination terming it “unreasonable” and therefore could not be allowed to stand.

Regarding Wavinya’s party membership, the judge was of the view that the issue was determined by the Political Parties Dispute Tribunal and the same should not be pursued further by the same parties.

However, Judge Odunga pointed out that the outcome would have been different had the IEBC based its resolution on the fact that Wavinya entered into a coalition agreement on April 24, weeks before the defection deadline.

“The court has found that the issues raised as the basis for justification of the committee’s decision were not the grounds upon which the committee made its finding,” he ruled.

In his view, the ground upon which it did so, was an irrelevant factor making it “unreasonable and irrational.”
Had IEBC based its verdict on the issue now raised before him the judge said, “a different outcome might have been reached but that is not the matter before me and I cannot speculate on the same.”

IEBC had defended its move insisting that Wavinya is guilty of party hopping and should not be allowed to vie on any seat come August 8.

The politician appealed the verdict arguing that it was illogical.

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