Orange Party ordered to repeat polls in Taita-Taveta

Homa Bay Governor Cyprian Awiti at the Milimani Law Courts on May 7, 2017. The Political Parties Disputes Tribunal upheld a decision by ODM to give him a nomination ticket. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The Political Parties Disputes Tribunal also cancelled certificate issued by the Orange Democratic Movement to Wundanyi Member of Parliament Thomas Mwadeghu.
  • In Homa Bay County Governor Cyprian Awiti’s case, the tribunal said it had no jurisdiction to overturn a decision by ODM’s Central Committee.
  • ODM secretary-general, Dr Agnes Zani, has been summoned to appear before the tribunal on Monday to explain why she has not conducted a repeat poll for Bonchari Constituency from May 3 as ordered.

ODM has been ordered to repeat the Taita-Taveta governorship nominations within 48 hours as Mr Cyprian Awiti was re-affirmed as the party’s candidate for Homa Bay.

The Political Parties Disputes Tribunal also cancelled certificate issued by the Orange Democratic Movement to Wundanyi Member of Parliament Thomas Mwadeghu.

It also ordered polling in Jipe, Chala, Mahandakini, St Joseph Kivukoni and Chala-Njukini primary schools, where no voting took place.

“A declaration is hereby issued that ODM did not conduct a free and fair nomination for the position of governor for Taita-Taveta County on April 18,” the tribunal ruled on Sunday.

Mr Mwadeghu is vying against Governor John Mruttu.

In Governor Awiti’s case, the tribunal said it had no jurisdiction to overturn a decision by ODM’s Central Committee, which has been mandated by the party’s National Executive Council to decide on internal disputes of party members and that the “decisions it makes are binding”.

JUSTICE WAS DONE

It ruled: “We have considered the deliberations of the central committee and we are convinced justice was done in awarding Mr Awiti the certificate.”

At the same time, the ODM secretary-general, Dr Agnes Zani, has been summoned to appear before the tribunal on Monday to explain why she has not conducted a repeat poll for Bonchari Constituency from May 3 as ordered.

Meanwhile, cases arising from the party primaries reached 123 while some disputants, such as Mr Caroli Omondi of ODM, former LSK president Eric Mutua and the Party of National Unity (PNU) have appealed against the directives given by the tribunal.

Former Prime Minister’s chief of staff Omondi is opposing the tribunal’s order for repeat elections in seven polling stations in Suba South Constituency.

He asked High Court judge Mwihaki Njuguna to order ODM to give him the nomination certificate, saying he won.

ISSUE CERTIFICATE
Wiper has been ordered to issue a nomination certificate to Changamwe MP aspirant Peterson Mittau while Ford-Kenya was given 24 hours to issue a certificate to Mr Jack Wamboka for the Bumula Constituency seat.

The tribunal declined to allow a plea by lawyer Eunice Lumallas for Ford-K to suspend the directive that the party nominates Mr Wamboka.

Jubilee Party has been barred from issuing nomination certificates to Mr Harrison Wagoro and Mr Paul Koinange, aspirants for parliamentary seats in Embakasi North and Kiambaa, respectively.

A complaint by Governor Joshua Irungu against former MP Nderitu Mureithi in the Laikipia County governorship race will be decided on Monday.

Elsewhere, Homa Bay resident George Omondi Okoth has asked the tribunal to bar Kasipul MP Oyugi Magwanga from vying for the Homa Bay governorship for lack of the requisite educational qualifications.