•In the 16-page judgment delivered on March 6 in Nairobi, Erastus Orina (presiding member), Theresa Chepkwony and Daniel Kagacha (members) ruled that the party did not conduct the nomination following the established laws.
•The tribunal directed the ODM NEB to submit to the IEBC the name of the duly nominated candidate after the nomination exercise.
The Political Parties disputes tribunal has ordered ODM to conduct fresh MP nominations in Malindi within 72 hours after alleged irregularities in the issuance of the nomination certificate.
The tribunal declared the nomination certificate issued by the ODM Elections board to Amina Laura Mnyazi as null and void.
Sanga Barawa one of the MP aspirants filed an appeal and sued the party National Elections Board and Mnyazi claiming she was given the nomination certificate irregularly.
In the 16-page judgment delivered on May 6 in Nairobi, Erastus Orina (presiding member), Theresa Chepkwony and Daniel Kagacha (members) ruled that the party did not conduct the nomination following the established laws.
The tribunal directed the ODM NEB to submit to the IEBC the name of the duly nominated candidate after the nomination exercise.
“For the avoidance of doubt, if the first respondent’s name has already been submitted, the same should not be gazette pending the implementation of this judgment,” the judgment read.
In the interest of party unity, the court directed each party in the dispute to bear the costs of the complaint.
Barawa filed a statement of appeal to the tribunal under certificate of urgency on April 27 saying the nomination exercise that had been slated for April 4 and moved to April 5, was not done.
Instead, Mnyazi was issued a nomination certificate.
He wanted the declaration and party nomination certificate issued to Mnyazi quashed and the national elections board to be compelled to conduct free fair and just nominations.
“Barawa claims the nomination certificate bears grave errors an indication that it was done in haste to defeat justice and fairness. He claims that before Mnyazi was issued the certificate some of the officials were campaigning for her, which is against the code of conduct,” the judgment read.
Mnyazi opposed the appeal in her response filed on April 29 saying the party did opinion polls for the MP aspirants in Malindi and she emerged the most popular candidate.
She said the party invited all the aspirants who were eying the Malindi MP seat to hold consensus talks.
“After the aspirants reached a consensus and in the presence of one Naftali Owino and Lucky M Toya, they signed an agreement indicating the outcome of consensus-building process on March 31,” the judgment said.
Party NEB in response had told the tribunal that Mnyazi was given a direct ticket and that the tribunal should uphold the principle of political party autonomy and not descend into the political arena.
Edited by Kiilu Damaris