Why Wavinya Ndeti cannot vie in Machakos – petitioner

June 7, 2017 3:36 pm
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The polls tribunal chaired by Wafula Chebukati will make the determination following a petition by Kyalo Peter Kyuli, a Member of County Assembly who claims that currently, Ndeti is a member of two political parties which is against the law/FILE

, NAIROBI, Kenya, Jun 7 – Embattled Wiper nominee for the Machakos County gubernatorial position Wavinya Ndeti risks being locked out of the race should the IEBC tribunal rule Thursday afternoon that she is still a member of Chama Cha Uzalendo (CCU).

The polls tribunal chaired by Wafula Chebukati will make the determination following a petition by Kyalo Peter Kyuli, a Member of County Assembly who claims that currently, Ndeti is a member of two political parties which is against the law.

Kyalo through lawyer Omwaza Ombati urged the tribunal to reject the nomination of Ndeti, arguing that Kalonzo Musyoka’s Wiper allowed a stranger to participate in its nominations held on April 30 having failed to beat the defection deadline on April 5.

“Having failed to beat the defection deadline, Wiper allowed a stranger to participate in its primaries in violation of the Elections Act. Therefore the law having been broken it is clear that she should not be on the ballot,” Ombati argued.

Chebukati heard that Ndeti became a member of Wiper on April 6 a day after the defection deadline.

Kyalo has gone on to say that Wiper’s nomination rules provide that for one to be able to qualify to vie for an elective post, they ought to have been active members of the party three months prior to nominations.

Following a search at the Registrar of Political Parties and a letter from the IEBC Chairman on May 26 it was confirmed that Ndeti is the party leader of CCU.

The MCA adds that in the coalition agreement between Wiper and Uzalendo entered on April 24, Ndeti is clearly described as leader of CCU.

“In the premise, the nomination of Ndeti ought to be rejected by the retuning officer as irregular, unlawful and be nullified by this tribunal,” Ombati submitted.

However Ndeti has defended herself against the accusations insisting that her nomination has already been determined by a court of competent jurisdiction and describes the present 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 adds “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 April 5 and filed the same with the Registrar of Political Parties.

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