Wavinya Ndeti takes battle for Wiper ticket to High Court

Wavinya Ndeti has moved to the High Court to challenge the electoral agency's decision to lock her out of the Machakos gubernatorial race.

The Independent Electoral and Boundaries Commission (IEBC) on Thursday quashed her nomination after finding that she is a member of two parties at the same time — the Wiper Democratic Movement and Chama Cha Uzalendo (CCU).

HOPPING

The cancellation followed a petition filed by voter Kyalo Peter Kyuli, who is also a member of the Machakos County Assembly.

Machakos Senator Johnson Muthama, who has severed ties with the Wiper Democratic Movement and its leader Kalonzo Musyoka, swore an affidavit in support of Mr Kyuli’s petition.

Ms Ndeti wants the court to overturn the IEBC Disputes Resolution Committee's decision, arguing that she does not belong to two parties.

Through lawyer Willis Otieno, she has sued the IEBC, Wiper Democratic Movement and Registrar of Political parties.

The Political Parties Disputes Tribunal and Mr Kyalo are listed as interested parties in the case.

Ms Ndeti argues that the verdict is erroneous as it violates the right of the people of Machakos to freely elect a governor of their choice.

In the case documents, she claims that she resigned from her former party, Chama Cha Uzalendo, on April 5 and joined Wiper.

COALITION

She also says the two parties entered into a coalition agreement when she was accused of belonging to two parties before the Political Parties Dispute Tribunal.

She insists that she is now a registered member of Wiper and that the IEBC verdict is prejudicial.

She, therefore, wants the IEBC compelled to include her name as the Wiper candidate for the Machakos gubernatorial seat pending determination of the case.

Her move came as the Wiper Democratic Movement said it was doing “everything” to ensure she is on the ballot on August 8.

"Following the ruling, the Wiper top leadership and Hon. Wavinya's campaign team have assembled a team of top notch lawyers in the country to move with speed and seek legal redress," Wiper Executive Director Jared Siso said in a statement.

FREEDOM

“We see the judgment as an infringement on the rights and freedom of Hon. Wavinya to choose the Wiper party as her party of choice.”

Dr Siso said the party was going to resist at all costs the “devious and regrettable attempt” by opponents to deny the people of Machakos their undeniable right to vote their preferred candidate.

He urged Ms Ndeti and her running mate Peter Mathuki to remain strong.

"Enemies of the party are busy campaigning for you in the name of killing your political careers,” said Dr Siso.

The tribunal decision was widely praised by supporters of Governor Alfred Mutua, Ms Ndeti's main rival, who predicted an easy win in the polls.

Ms Ndeti has blamed Dr Mutua, Mr Muthama and Deputy Governor Benard Kiala for her woes.