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November 18, 2018

Court orders IEBC to add Wavinya Ndeti in list of cleared candidates

Machakos Wiper governor candidate Wavinya Ndeti with her running mate Peter Mathuki at the Wiper party offices in April. /JOSEPH NDUNDA
Machakos Wiper governor candidate Wavinya Ndeti with her running mate Peter Mathuki at the Wiper party offices in April. /JOSEPH NDUNDA

Machakos Wiper governor aspirant Wavinya Ndeti got a temporary reprieve after the High Court directed the IEBC to include her name their Gazette notice.

Justice George Odunga on Friday temporarily set aside a ruling by the IEBC disputes tribunal that nullified her Wiper nomination.

"Therefore balancing the interests of the parties before me and taking into account the public interest it is my view that the leave granted should operate as stay," the judge said.

He further said that there will be a stay of the implementation of the decision of the commission pending hearing and determination of the intended motion.

Odunga argued that to decline to grant stay the stay in the circumstances the case would make it impossible for Wavinya to recover ground that shall have been lost while her opponents will be at liberty to continue with their campaigns putting her at a disadvantage.

“For the avoidance of any doubt and in the interim, the commission is directed that when publishing the names of the candidates it ought to include Wavinya’s name."

Odunga certified the matter as urgent and directed the electoral agency to ensure Ndeti’s name is on the ballot.

He further directed the parties to appear before him on June 13 for further directions. The Wiper candidate will face incumbent Alfred Mutua.

Wavinya wants the High Court to compel IEBC to include her name so that she takes part in the August 8 polls.

In her affidavit, she says that unless the order of leave is granted, the people of Machakos county and herself will suffer irreparable loss and harm.

"The process leading to the making of the impugned decision was accented with ulterior political consideration in a manner that violates provisions of the law and defeats the principles of the Constitution of Kenya."

Through her lawyer Willis Otieno, the former Kathiani legislator argues that it is in the interest of justice that her application is heard expeditiously.

"It is important that the honorable court stays the decision by IEBC disputes tribunal since its import is to undermine democratic free and fair electoral processes and is an abuse of the law and violates the basic tenets and principles of the Constitution and the Elections Regulations," she says.

Wavinya argues that in arriving at the said decision, IEBC deviated from to the principles of the Constitution and the Political Parties Act.

Read: Wiper candidate Wavinya Ndeti disqualified from Machakos governor race

The tribunal said Ndeti committed an electoral offence by being a member of two parties, namely CCU and Wiper.

But she denied the claim by MCA Peter Kyalo who filed a petition saying she belonged to the parties.

Read: I'm not a member of two parties, Wavinya Ndeti says as she moves to High Court

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