, NAIROBI, Kenya, June 20 – The High Court has directed the Jubilee Party to hold fresh nominations in Budalang’i constituency, Busia County within three days.
This after Justice Jessie Lessit invalidated the May 26 decision by the Political Parties Dispute Tribunal (PPDT) to cancel the nomination certificate issued by the party to Alfred Juma Maloba and instead awarded it his rival, Mediatrice Wangira.
Jubilee is now required to conduct fresh primaries and comply with its Constitution and election laws in nominating its candidate to contest for the Budalang’i parliamentary seat in the forthcoming General Election.
“The party appears to be confused by issuing double nomination certificates to two candidates to represent them for the same seat. That is irregular. Further, it is the party which is the custodian of the nomination exercise results. It ought to sort out its mess through its internal disputes resolution mechanism,” Justice Lessit said.
Maloba had garnered 5,569 votes against Wangira’s 5,489 votes during the hotly-contested party primaries conducted on April 26.
He was duly issued with the nomination certificate dated May 9 but later learnt that the party had not forwarded his name for clearance by the Independent Electoral and Boundaries Commission (IEBC).
The aggrieved candidate, who was represented by lawyer Robert Asembo, had petitioned the court to compel the party to issue him with the nomination certificate but was shocked to learn that Wangira had filed a complaint with the PPDT.
Several Jubilee Party officials who supervised the exercise had confirmed that Maloba had won the nomination and was properly declared the winner.
“It is difficult to understand from this record the basis upon which the PPDT decided who should have the Jubilee Party’s nomination certificate for Budalang’i constituency. It is the duty of the party to nominate its representative at the national elections. It cannot be determined by the PPDT especially where the results of the nomination exercise was not even before the tribunal,” Justice Lessit said in her 20-page judgment.