•Justice Stephen Lugunya of the Political Party Dispute Tribunal gave the interim injunction pending the interparty hearing.
•Before moving to the dispute tribunal, Kilonzo’s petition against Malombe's nomination to the Wiper dispute tribunal headed by retired Judge Justice David Onyancha had been dismissed on Monday.
The Wiper Democratic Movement was on Wednesday temporarily stopped from presenting the name of Julius Malombe to the IEBC, as the Kitui governor aspirant.
Justice Stephen Lugunya of the Political Party Dispute Tribunal gave the interim injunction pending the interparty hearing of an application in which Kiema Kilonzo challenged Malombe’s nomination.
Before moving to the dispute tribunal, Kilonzo’s petition against Malombe's nomination to the Wiper dispute tribunal headed by retired Justice David Onyancha had been dismissed on Monday.
It was on the same day that Malombe was presented with a Wiper nomination certificate.
Kilonzo was to battle it out with Malombe for the Wiper ticket and had paid the requisite nomination fee.
However, the Wiper National Executive Committee and National Election Board did not subject the duo to a nomination through universal suffrage but issued a certificate to Malombe.
Kilonzo decided to challenge the move which he termed as unfair.
However, his petition that was filed by lawyer Eric Mutua was dismissed as lacking in merit.
After the Wiper tribunal dismissed his petition, Kilonzo’s lawyer on Tuesday proceeded to the dispute tribunal under a certificate of urgency.
In the application, Malombe and Wiper, were listed as the first and second respondents respectively.
Upon the perusal of the applicant’s notice of motion and the affidavit, Justice Lugunya ruled the application should be heard inter partes on May 3 but virtually.
“That pending inter partes hearing of the application simultaneously with the complaint, interim orders are hereby issued restraining the respondent, the Wiper party from forwarding to the IEBC the name of the first respondent as a candidate for governor,” the judge said.
The judge said since it was a dispute involving party primaries with strict timelines, the parties in the matter must strictly observe the directions given to enable the hearing to proceed without fail.
Justice Lugunya directed the respondents and all interested parties should file and serve their written submissions with the court before the close of business on April 30.
Edited by Kiilu Damaris