Businessman Jimmy Wanjigi has filed a preliminary objection to a suit seeking to block his ODM presidential ticket bid.
On November 3, Catherine Irungu, a member of the Orange party, filed a petition at the Political Parties Tribunal challenging Wanjigi’s presidential candidature.
Through his lawyers, Otieno Ogola & Company Advocates, the businessman said the tribunal has no jurisdiction to hear the matter on the basis of Section 40 (2) of the Political Parties Act.
"And the matter has been filed herein in abuse of established law and procedure," he said.
He added that the complainant did not exhaust the internal party dispute resolution mechanisms, as required by law.
Wanjigi also noted that Irungu did not give any reasonable cause for her action.
Through advocate Edwin Saluny of Saluny Advocates, Irungu accused the party of failing to conduct an objective ethics and integrity test on Wanjigi.
She said that the move had allowed Wanjigi to act with impunity including slandering the party leader and causing confusion by laying out rebellious parallel party structures like offices and that he was yet to be a proper member of ODM.
“That it is also imperative that the respondent be stopped from further plunging the membership into confusion by misapplying the Constitution thereof, and permitting strangers to abuse the structures of the party and especially the sacrosanct pillar of ethics and integrity,” Saluny said.
He added that Wanjigi has demonstrated the ability, predisposition, and inclination to frustrate the Constitution of the party.
Wanjigi is the third ODM member to openly declare he is seeking the presidency on the party's ticket.
However, the other two aspirants - Mombasa Governor Hassan Joho and Kakamega's Wycliffe Oparanya - dropped their bids.
Wanjigi has been going around the country meeting party delegates, as he seeks to fly the Orange party's flag, in the 2022 General Elections.
Wanjigi is expected to square it out with party leader Raila Odinga, who is expected to announce his bid.
Speaking on Sunday at a rally in Nairobi's Eastleigh, the opposition chief said that he will be making a big announcement on December 9, 2021.
