It is a reprieve for Wavinya Ndeti’s as her will be on the ballot come August 8th as Wiper Party’s gubernatorial aspirant after high court quashed IEBC’s decision barring her from vying.
While delivering the ruling, High court judge Justice George Odunga said that the IEBC tribunal decision was hopelessly unreasonable.
“The issues raised before the court as basis of justification of the Committee’s decision were not grounds upon which the committee made its decision on,” ruled Justice Odunga.
However, Odunga added that it is in his view that the only basis upon which IEBC Committee arrived at its decision of June 8th 2017 cannot stand legal scrutiny adding that the committee took into account irrelevant material.
The judge further added that IEBC committee had no power to nullify the decision of the Political Parties Dispute Tribunal (PPDT).
“The PPDT had already ruled that Wavinya was a bonafide member of the Wiper political party, said Odunga.
Court further faulted the IEBC committee for not investigating the coalition agreement between the two parties-Chama Cha Uzalendo and Wiper party.
Order to include her name
Odunga also made an order compelling IEBC to include the name of Wavinya Ndeti as the wiper Party nominee for Machakos County gubernatorial elections scheduled to be held on the 8th of August this year,
Further the electoral commission was prohibited from implementing the IEBC committee decision dated on the 8th of June this year.
IEBC decision to bar her
Wavinya had moved to the high court to challenge the decision by IEBC tribunal barring her from vying as Wiper Party Machakos County gubernatorial aspirant on grounds that she belonged to two political parties-Wiper party and Chama Cha Uzalendo (CCU)
In the application, Wavinya argued that the IEBC decision was prejudicial and violated her right to participate in public elections and further threatened to violate the political rights of people of Machakos County to freely elect a person of their choice as a governor.
Wavinya claimed that in arriving at the decision that she is a member of two political parties, IEBC did not accord to the principles of the Constitution and the Political Parties Act in particular provisions on membership to a political party.
Wavinya further is seeking orders stopping the implementation of the IEBC tribunal’s decision.
In her affidavit, Wavinya claim that she resigned for the Chama Cha Uzalendo Political Party on April 5th, 2017 and joined Wiper Party when the CCU entered into a coalition agreement with the Wiper Party.