• ODM said the litigation must come to an end as the tribunal and the ODM annot be held hostage because Ndonji opposes the decision.
• Ndonji says he there were no proper nominations and he is candidate.
Umoja 2 MCA Joseph Mdonji is fighting ODM's direct nomination of a former tout for the seat.
Ndonji wants the tribunal to issue an order that he is the duly nominated Umoja 2 MCA candidate for the August polls, despite the party bypassing him. He said he is the area chairman.
He complained there were no proper nominations for Umoja Il ward on May 31. The last date for nominations was April 27 the IEBC had set a deadline of April 28 for parties to submit a list of candidates' names.
The Political Parties Dispute Resolution Tribunal is to deliver its ruling on Monday.
ODM has urged the tribunal to dismiss Ndonji's challenge to the direct ticket for Shadrack Machanje. He is a former tout for Umoinner.
ODM's National Elections board chairperson Catherine Mumma called on the tribunal to dismiss the case.
In an affidavit, Mumma said the tribunal should not accept the application by Ndonji who wants Machanje's nomination nullified. He said the direct ticket amounts to usurping the powers of the party and its election board.
Mumma said the PPDT lacks jurisdiction to hear the dispute.
"The ODM National Elections Board has the mandate to plan, organise direct and conduct all party primaries. The application before you is frivolous and lacks merit," Mumma said.
She said the litigation must come to an end as the tribunal and OdM at large cannot be held hostage by Ndonji simply because he is dissatisfied with decision of the ODM Central Committee.
"The tribunal's orders of May 14, 2022, applied exclusively to the impugned nominations held in Umoja II ward," the party said in court documents.
The orders did not bar the ODM party from nominating Machanje, once the dispute is resolved by the Central Committee, the documents read.
The party said the order has been "canvassed to conclusion by this tribunal and any subsequent application.. is just an attempt an attempt of re-litigation".
In the contempt suit filed by Ndonji, the party argues the tribunal lacks jurisdiction to hear the matter. It says the application does not disclose any cause of action to the effect that a nomination certificate has been [wrongly] issued to Machanje and his name submitted to the IEBC.
Mumma said that on May 31, the tribunal ruled on the applicant's contempt, finding [ODM national chairman] John Mbadi guilty of contempt of the tribunal's judgment dated May 14.
The tribunal directed him to purge the contempt by resolving the dispute concerning nomination of the ODM candidate for Umoja II ward within eight hours of the ruling.
The party through its chairman resolved the nomination dispute in Umoja where Mbadi convened the Central Committee on May 31.
The party adopted direct nomination as the preferred mode of nomination and settled on Shadrack Machanje as its preferred candidate in strict and careful compliance with Rule 23, court documents read.
Ndoji filed a complaint, saying that on April 28, ODM issued Machanje with a nomination certificate. The action was challenged before the (PPDT), which rendered a decision on May 14.
On May 3, Machanje was issued with a nomination certificate, indicating he led in a nomination exercise on May 31.
Ndonji has accused ODM of deliberately acting in contempt of court orders and decree by blatantly ignoring them with impunity and forwarding Machanje's name to the the IEBC for gazettement.
Ndonji has also applied to the IEBC Dispute Resolution Committee to nullify Machanje's nomination.
(Edited by V. Graham)