Court Orders IEBC To Reinstate Wiper’s Nominated Senator

Talib's appeal against the Political Parties Disputes Tribunal (PPDT) decision to dismiss his case was granted by Justice Joseph Sergon.

The High Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to register Mombasa businessman Abubakar Talib as the wiper nominated Member of Parliament.

Talib had gone to court to challenge Wiper’s decision to change and replace his name in the list of nominated MPs with that of Lucas Mulinge.

Talib’s appeal against the Political Parties Disputes Tribunal (PPDT) decision to dismiss his case was granted by Justice Joseph Sergon.

Sergon ruled that Wiper’s National Assembly party list, which included Talib’s name as a nominee, was legal and valid when it was submitted to the IEBC on July 21.

“In the end, the appellant’s appeal is found to be meritorious, it is allowed, and the PPDT’s decision of August 3, dismissing the appellant’s complaints is overturned,” he ruled.

The court also declared the revised list issued to IEBC by the Wiper party, which replaced Talib’s name with that of Lucas Mulinge, to be illegal and null and void.

The court ordered IEBC to publish in the Kenya Gazette the initial list that included Talib’s name and to immediately cancel any published gazette notice that did not include his name.