Kiema Moves to the Political parties Tribunal Party dispute as Wiper erroneously gives Malombe Ticket



Ambassador Kiema Kilonzo has moves to the Political parties Tribunal Party dispute after wiper Democratic movement allegedly gives Malombe Ticket

In a letter seen by TCD, the former law society of Kenya Eric Mutua wrote to the political party dispute resolution council.

I ERIC MUTUA a resident of Nairobi area and P.O. Box 60596-00200 Nairobi in the Republic of Kenya hereby certify that the substantive complaint and the interlocutory application herein are extremely urgent based on the following facts.

The Complainant, a member of the Respondent, was an aspiring candidate for Party Nominations for the elective seat or position of Governor, Kitui County.

Whereas the Respondent had made a decision (see IEBC Publication at page 25) to use a Direct Party Nomination method of conducting its nominations for the position of Governor, Kitui County, on 19th April 2022 (a day to the 21st April 2022, the date scheduled for nomination elections by universal suffrage) the Respondent issued the 1st Interested Party with a direct Nomination Certificate (see page 49) in total disregard of the law and interests of the Complainant.

There is uncontroverted evidence (see letters at pages 38 and 42) that the decision to change the method or mode of conducting the nomination of candidate for the Respondent was made at the last minute in breach of Section 38G of the Political Parties Act and without granting the Complainant a hearing.

The Political Parties Act as reviewed in January 2022, clearly provides for the manner in which a Political Party may conduct an indirect party nomination which provisions were gravely breached and violated by the Respondent. See Sections 2 on interpretation of Indirect Party Nomination; Sections 38A, 38E and 38G of Political Parties Act.

The Complainant has exhausted the internal Political Party dispute resolution mechanism in that on 25th April 2022 the National Elections Appeals Board (NEAB) of the Party rendered its decision by dismissing the Complainants Complaint/Appeal.

The final orders by the Appeal Board were inter alia that “the nomination of the Interested Party is hereby upheld and the National Elections Board is hereby directed to issue the Interested Party with the Nomination Certificate to be the Wiper Democratic Movements candidate for the position of Governor Kitui County. See page 287.

Unless the matter is certified urgent and or conservatory orders issued the Respondent is likely to issue a Party Nomination Certificate to the 1st Interested Party and or to forward his name to the 3rd Interested Party as its candidate for the position of Governor Kitui County, which will render the Complaint academic.

DATED at Nairobi this 26th day of April 2022.


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