•He is seeking a permanent injunction restraining ODM from submitting any other person's name apart from him as the Party's nominee.
•He claims that he spent millions of shillings to marshal support.
Image: MERCY MUMO
The son of veteran Politician Fred Gumo has filed an application before the Orange Democratic Party National Elections Board seeking to stop the party from forwarding the name of Tim Wanyonyi to the IEBC as the Westlands MP party nominee.
Michael Magero Gumo, through lawyer Duncan Okatch, states that he won the party primaries held last week after garnering 1661 votes while his closest contender former City Clerk Phillip Kisia garnered 627 votes.
He claims that he spent millions of shillings to marshal support for his bid in the Westlands constituency and should therefore be handed the party's ticket.
"I personally spent a lot of resources and time to marshal support for my bid. The results were publicly announced thus giving me the legitimate expectation that I would be issued with the certificate," Magero argued.
In court papers, his advocate Okatch says efforts to reach party officials have fallen on deaf ears.
Magero wants ODM compelled to issue him with the nomination certificate saying that Wanyonyi who is the incumbent did not take part in the primaries.
He is also seeking an order to compel the party and its Returning officer to include his name in the list of party nominees as the flagbearer of the Westlands constituency.
Okatch told the Board that despite his client winning in the primaries, he has not been issued the Interim Certificate and that the party has remained tight-lipped.
He says that he is apprehensive that Wanyonyi may be given the Certificate after a meeting held by Azimio leaders where a decision was made to hand him a direct ticket to defend his seat.
Magero says the allegations seem to be true because the party is hesitating to give him the certificate, a move which he contends will be an affront to the will of voters who participated in the nomination exercise.
"It is imperative to note that Wanyonyi was not a candidate or aspirant for the position of Member of National Assembly having failed to apply for the same in accordance with the party's constitution," he argued.
Magero argues that there is no process in law that allows ODM to issue a certificate to a person who did not subject himself to the process of nomination.
He wants NEB to issue a temporary injunction stopping them from gazetting Wanyonyi's name.
He is also seeking a permanent injunction restraining ODM from submitting any other person's name apart from his to the IEBC.
Magero tried his luck in ODM nominations in 2017 when he was running for MCA in Parklands but lost.
Wanyonyi dropped his gubernatorial bid after a successful consensus that was brokered by ODM party leader Raila Odinga.