The Court of Appeal will tomorrow determine the disputed nominations of Nairobi ODM senator aspirant
Gabriel Chapia.
Chapia disputed the ruling of the High Court directing the ODM National Elections Board to determine the senator candidate for Nairobi between Lawyer Edwin Sifuna and himself.
In his application at the High court, Chapia wants the court to restrain ODM from submitting to the IEBC the name of Sifuna as the ODM’s senator candidate.
He argues the decision of the tribunal is a travesty of justice and a seal of approval of the unprecedented political injustice.
The applicant seeks the intervention of the court to protect his lawfully acquired certificate of nomination and vested right to run for the Senate seat in Nairobi.
He says he was lawfully nominated as unopposed senatorial candidate for Nairobi County and was publicly issued with a certificate of Nomination.
He argues that the impugned judgment is unjustified and the tribunal had no jurisdiction to grant the said orders.
“The rules of natural justice were not observed in arriving at the judgment of the PPDT, argues Chapia.
Chapia further claims that the directive that the ODM National Elections Board to determine senatorial candidate for Nairobi County is null and void.
Last week the high court dismissed Chapia’s a petition protesting against a move by ODM to take away his certificate.
Justice John Mativo without hearing arguments from parties struck out the suit, saying it had been filed in the wrong forum.
The judge ruled that Chapia should have first lodged a complaint before the party and its tribunal before approaching the court.
The politician wanted the court to stop the IEBC from gazetting Edwin Sifuna as the Senate candidate.
Outside the court, Senatorial aspirant on wiper ticket Ramesh Gorassia said he is in support for justice and he will stand with Chapia.
"I appeal to our leader Raila to bring the truth in the party
and introduce people who will improve kenyans lives", he added.
Ramesh added that the party should not deprive rights of people already in the party and he believe the ODM secretariat will prove to Kenyans by choosing the right candidate.