The high court has cleared, Wiper candidate Wavinya Ndeti to vie for governor in Machakos County, following the nullification of her candidature by the Independent Electoral and Boundaries Commission (IEBC).
Justice George Odunga on Tuesday quashed IEBC’s disputes committee, decision to bar Wavinya Ndeti from Contesting as Machakos Governor saying the move had no legal basis.
“The Court has found that other issues raised before me as the basis for justification of the committee’s decision were not the grounds upon which IEBC made its decision. The ground upon which it did so was as a result of the consideration of an irrelevant factor hence the decision was unreasonable. “said Justice Odunga in his ruling.
He further ordered the IEBC to include Ndeti’s name as the Wiper’s nominee for the Machakos gubernatorial elections which are set to be held on August 8.
IEBC had nullified Ndeti’s nomination two weeks ago on grounds that she had contravened the election laws since at the time of her nomination on a wiper ticket; she was still a member of her previous Chama Cha Uzalendo (CCU).
The decision by IEBC’s Dispute Resolution Tribunal followed a successful petition by MCA Peter Kyalo. The petitioner, a member of Wiper, argued that Ndeti should be disqualified from the race.