The Orange Democratic Movement (ODM) party has been barred from awarding a nomination certificate to its chairman John Mbadi.
The Political Parties Disputes Tribunal (PPDT) directed ODM to hold on the process for Suba Constituency until a case filed by Caroli Omondi is heard and determined.
Caroli, a former chief of staff in the defunct office of Prime Minister, moved to the PPDT on Monday after the ODM party ignored a directive from its own appeals tribunal nullifying the results.
PPDT chairman Kyalo Mbobu ordered him to serve ODM, Mbadi and constituency returning officer Duncan Nyabilo by Tuesday, before hearing which is set at 11am Wednesday.
“For avoidance of doubt the tribunal will hear the main complaint on 3/5/2017 at 11am,” Mbobu’s order reads in part.
On Saturday, the ODM National Elections Board (NEB) resolved to award Mbadi the ticket in spite of the tribunal ruling that nullified the results of Suba over massive irregularities.
The ODM appeals tribunal comprising Willis Otieno, Mohamed Hajir, Florence Omose, George Muthama and Charles Bosire overturned Mbadi’s victory while faulting the ODM chairman for snubbing summons to appear before them during the hearings held at Mash Park Hotel, Nairobi.
The tribunal then wrote to the Judith Pareno led-NEB with two recommendations of either ordering a repeat exercise or hand the nomination certificate to Mbadi’s rival.
The court agreed with Caroli’s assertions that some polling centres recorded between 100 to 167 per cent voter turnout. The centres include God Oloo, Mikuyu, Miriya, Koga, Nyakiya, Oma and Kiembe.
They also found that in the stations, Mbadi votes were more than the number of registered voters.
