Writte
Orange Democratic Movement (ODM) will have to conduct fresh nomination in Malindi.
The political Parties disputes tribunal ordered the Orange Democratic Movement (ODM) to conduct fresh parliamentary nominations in Malindi constituency within 72 hours following alleged irregularities conducted in the issuance of the nomination certificate.
The dispute tribunal also declared the nomination certificate issued by the ODM Elections board to Amina Laura Mnyazi as null and void.
Sanga Barawa one of the ODM parliamentary aspirants moved to court and sued the ODM National Elections Board and Mnyazi claiming she was given the nomination certificate irregularly.
In the 16-page judgment delivered on March 6 in Nairobi by Erastus Orina (Presiding Member), Theresa Chepkwony and Daniel Kagacha (Both Members) ruled that the ODM party did not conduct the nomination in accordance with the established laws
The tribunal directed the ODM Elections board to submit the name of the duly nominated candidate after the nomination exercise to the IEBC.
“A Copy of this judgment be transmitted to the IEBC forthwith. For the avoidance of doubt, in the event that the first respondent’s name has already been submitted to the IEBC, the same not to be gazette pending the implementation of this judgment,” said the judgment in part.
In the interest of party unity, the Court directed each party in the dispute to bear its own costs of the complaint.
Barawa filed a statement of appeal to the tribunal under certificate of urgency on April 27 2022 arguing that despite being a registered member of ODM and having paid the nomination fees to vie for the Malindi parliamentary seat the nomination exercise slated for April 4 2022 and later moved to April 5, 2022, was not done but instead Mnyazi was issued with a nomination certificate.
He wanted the declaration and party nomination certificate issued to Mnyazi quashed and the national elections board to be compelled to conduct free fair and just nominations for the Member of Parliament in Malindi.
“He (Barawa) claims the nomination certificate bears grave errors an indication that it was done in haste to defeat justice and fairness. He claims that before the first respondent (Mnyazi) was issued with the said certificate of nomination some of the party officials were campaigning for her an act which goes against the party code of conduct,” said the judgment in part.
Mnyazi opposed the appeal in her response filed on April 29 2022 saying the party did opinion polls for the parliamentary aspirants in Malindi and she emerged the most popular candidate.
Further, she said the party invited all the aspirants who were eying for the Malindi parliamentary seat to hold consensus talks.
“She states that after the aspirants reached a consensus and in the presence of one Naftali Owino and Ms. Lucky M. Toya, they signed an agreement indicating the outcome of consensus-building process on March 31, 2022,” said the judgment.
The ODM elections board in response also had told the tribunal that Mnyazi was given a direct ticket by the party and that the tribunal should uphold the principle of Political party autonomy and not descend into the political arena.
