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The IEBC Disputes Resolution Committee sitting in Milimani court, Nairobi, has asked Ndhiwa returning officer Rebeccah Abwaku to revoke the nomination of Oscar Abote.
This order comes following irregularities that marred his nomination.
Abote had been cleared by the Independent Electoral and Boundaries Commission to fly the ODM flag in the South Kabuoch MCA seat.
The nullification came following a case filed by Loice Kawaka and Roseline Awino who competed with Abote in ODM primaries held on April 14.
The duo sued Abote, the party, ODM national elections board and the Abwaku as the first, second, third and fourth respondents.
IEBC committee chaired by Mark’Ogonya Tiego nullified Abote’s clearance on various grounds.
Kawaka and Awino had told the Political Parties Disputes Tribunal to nullify Abote’s nomination on grounds that the exercise was marred with irregularities.
The tribunal ordered ODM and the party elections board to conduct fresh party nominations for the South Kabuoch ward.
“ODM and the board disregarded the directive and instead gave Abote a free nomination ticket without consulting Awino who is still an ODM member,” the order reads.
Before the committee, Abote had defended himself saying Kawaka lacked relevance to challenge his clearance since she had ceased being a member of the ODM party.
He said his direct ticket had not been challenged through the party's internal dispute resolution mechanism.
The committee said Abwaku cleared Abote despite knowing the existence of the order by the tribunal that required ODM and its national elections board to conduct fresh party primaries via universal suffrage.
“Now that this committee is aware of the orders directing for fresh nominations through universal suffrage, and failure to implement the said orders, we have no option but to nullify the decision by Abwaku to clear Abote,” the committee said.
When contacted Abwaku said she had heard about the issue, saying it will be handled at the IEBC head office in Nairobi.
Edited by Kiilu Damaris
