NOMINATION DISPUTE

Tribunal nullifies ODM nomination of Tim Wanyonyi

ODM has been directed to conduct fresh nominations within 72 hours.

In Summary

• This is after Michael Magero Gumo, the son of Veteran Politician Fred Gumo moved to Court to challenge ODM's decision to nominate him.

• The Tribunal has further nullified the certificate issued to Wanyonyi.

FILE: Westlands MP Tim Wanyonyi during a past event.
FILE: Westlands MP Tim Wanyonyi during a past event.
Image: TIM WANYONYI/TWITTER

The Political Parties Dispute Tribunal has nullified the nomination of Westlands MP Tim Wanyonyi.

This is after Michael Magero Gumo, the son of Veteran Politician, Fred Gumo moved to Court to challenge ODM's decision to nominate him.

The Tribunal has further nullified the certificate issued to Wanyonyi.

Magero, through Lawyer Duncan Okatch, argued that he won the party's primaries and that Wanyonyi did not take part in the exercise.

ODM has been directed to conduct fresh nominations within 72 hours.

One week ago, Magero sued the Orange Democratic Movement party's National Elections Board seeking to stop the party from forwarding Wanyonyi's name to the IEBC. 

His lawyer Okatch stated that he won the party primaries garnering 1,661 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 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 had said efforts to reach party officials have fallen on deaf ears.

Magero wanted ODM compelled to issue him with the nomination certificate, saying that Wanyonyi, who is the incumbent, did not take part in the primaries.

He was 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 said that he was 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 argued that no process in the law 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.