It is a reprieve for Machackos Gubernatorial aspirant Wavinya Ndeti after the court of appeal upheld a High Court decision allowing Wavinya Ndeti to vie on Wiper Party Ticket.
While delivering the ruling, Appellate Judges Erastus Githinji and Jamila Mohamed dismissed the appeal filed by MCA Peter Kyalo on grounds that it lacked merit.
High Court judge Justice George Odunga had ruled that the Political Parties Disputes Tribunal (PPDT), in holding that the politician belonged to another party, made an error.
The judge said the IEBC committee had no power to nullify the PPDT decision that initially allowed Ndeti to vie as Machakos governor.
High court had previously quashed IEBC’s decision barring her from vying on grounds that she belonged to two political parties-Wiper Party and Chama Cha Uzalendo (CCU).
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.