Former Law Society of Kenya Chairman Eric Mutua has obtained orders restraining the Wiper Democratic Party from issuing a nomination certificate to its Mwingi Central parliamentary nominee Gideon Mutemi Mulyungi.
Mr Mutua also wanted the Kalonzo Musyoka-led party barred from presenting Mr Mulyungi, his opponent in last week’s primaries, as its candidate to the Independent Electoral and Boundaries Commission, pending inter-parties hearing slated for tomorrow afternoon.
The Political Parties Dispute Tribunal, led by Mr Kyalo Mbobu, also ordered a stay of execution of the decision by the party’s National Appeals Tribunal that dismissed Mr Mutua’s appeal, pending hearing of his petition to the court.
TIME TO RESPOND
Through his lawyer Nzamba Kitonga, Mr Mutua told the tribunal that the nomination for the constituency's ticket was marred by irregularities.
Nonetheless, the court declined to grant Mr Mutua’s prayer that sought to declare the nomination null and void until the matter is heard and determined.
The former LSK boss jointly sued the party and Mr Mulyungi as the first and second respondents.
Mr Mulyungi, the former Public Works permanent secretary, has been given 12 hours to file his defence and substantive reply.
If the panel confirms Mr Mutua’s claims after the inter parties hearing, Wiper may be barred from fielding Mr Mulyungi as its candidate in the August 8 elections.
OFFICER KICKED OUT
However, both candidates risk being barred if the panel delays determination of the case to a date later than May 4, which is the deadline for aspirants quitting political parties to vie as independent candidates.
Mr Mutua claims that the nomination exercise was disrupted by rowdy youth who destroyed ballot papers and chased away presiding officers claiming they were biased.