An ODM member wants a Nairobi MCA nominee stopped from taking the oath of office.
Eve Malenya has sought court orders to stop the swearing-in of Perpetua Mponjiwa, who has been fronted by the party.
Malenya says she is the right person for nomination as MCA. She wants the court to suspend the April 5 Gazette notice on Mponjiwa swearing-in, arguing it is illegal.
“It is apparent that Mponjiwa has been gazetted as the ODM nominee under the gender top-up category, yet ODM never forwarded her name in its final list,” reads court documents.
She says Mponjiwa ran as an independent candidate in the 2017 general election and was ineligible to be nominated or elected under the ODM party list.
Malenya says ODM and the Political Parties Dispute Resolution Tribunal invited parties to present their claims to the disputes resolution before the party tribunal.
“The IEBC Dispute Resolution Committee ordered ODM to review its list for the Nairobi county assembly.”
She said ODM reviewed its list and submitted a new list with the consequence that Mponjiwa candidacy was rejected for failing to satisfy the criteria for nomination on account of abandoning the party and choosing to be an independent candidate. Malenya says the decision to quit meant Mponjiwa was disloyal to the party.
“The swearing-in of Mponjiwa will render the entire Nairobi county assembly illegally constituted because she does not meet the criteria set out in Article 193(i)(c)(i) of the Constitution, as well as Section 25 of the Elections Act, to be nominated and elected as a Member of the Nairobi County Assembly,” the document reads.
Malenya says she applied to ODM for consideration for nomination under the Gender Top Up category of the county assembly and was one of the successful candidates presented for nomination.
