Amani National Congress (ANC) party aspiring MP for Dagoretti North has moved to court to challenge Dagoretti North constituency Parliamentary seat nomination exercise.
The petitioner, Magero Gumo claims that the nomination process that was conducted after the court ordered so was marred with irregularities because he was not involved.
Gumo who says that he won the nominations in Dagoretti North accuses the Party Secretary General Geoffrey Osotsi and other officials of committing serious Electoral Malpractices contrary to the law by nominating Amos Bernard Shilibwa without notice.
“The directions issued by this court have been flouted and abused by the officials and agents of ANC,” said Gumo.
He further alleges that that Party Elections are yet to be conducted in accordance with the principles laid down in the Constitution and the Electoral Law.
According to him, the process is marred by electoral malpractices and massive financial loss for him.
In the petition, Ngumo and interested parties are apprehensive that no free and fair elections were conducted because Shilibwa’s name was submitted to IEBC prior to the nomination exercise.
“The principle for determining election petition is the sovereignty of the will of the people, this emanates from the Article 1 of the will of the constitution under which all power resides in the people and they may exercise it through their democratically elected representatives,” said Gumo.
Gumo alleges that the malpractices ensured that he together with other aspirants were avoided and did not participate in the process.
He says that he lacks confidence in the internal dispute mechanisms of the party as set up and as evidenced by the threat of the aforementioned respondents to make unilateral changes and threats to cancel publicly witnessed decisions of the electorate as announced by the party’s own appointed Officer.
Declarations being sought
The petitioner is seeking leave to commence Contempt of Court proceedings against the Chairman, Secretary General and Treasurer of ANC Party.
He want the Chairman of the Party committed to jail for disobeying the order dated May 15,2017 and a declaration do issue that he is the winner of the party elections conducted on April 24,2017 in Dagorretti North Constituency and be given the party ticket forthwith.
Gumo is also seeking a declaration that Shilibwa was not validly elected on April 24, 2017 and May 17, 2017 respectively as the party’s nominee for parliamentary seat for Dagorretti North Constituency.
He is also seeking a declaration that the degree and extent of electoral malpractices perpetuated by the party in the conduct of the primary elections conducted on April 24, 2017 and May 17, 2017.
“Court should issue an order cancelling the certificate of declaration of results of Dagoretti North Constituency ANC party elections and party certificate issued to Shilibwa, “said Gumo.
The matter will be heard on May 19th 2017.