Governor aspirant Wavinya Ndeti is fighting to retain her nomination certificate after a petition was filed to challenge her eligibility.
Some members of the Wiper party want to block her nomination, arguing that she was still a member of Chama Cha Uzalendo (CCU). Ms Ndeti was the CCU leader prior to contesting in the Wiper nominations.
The petition filed before the Independent Electoral and Boundaries Commission tribunal is based on three grounds: One, Ndeti’s wiper membership certificate is dated April 6, which the petitioner argues is a day after the legal deadline to party-hop. Two, a letter from the electoral commission acknowledging that Ndeti was still the CCU party leader. Three, an affidavit by Senator Johnstone Muthama saying Wiper did not follow the proper procedures to register her as a member.
The former assistant minister initially faced opposition from her own party members, who questioned her authority as their leader.
The petitioners are claiming that Ndeti belongs to two parties and is, therefore, not eligible to be on the ballot as this contravenes the law and the Constitution.
Wiper members Muthama and Wamunyu MCA Peter Kyalo have sworn affidavits to the effect that Ndeti was illegally enlisted into the party long after the party-hopping window had been closed while CCU maintains that she is not its leader as she had defected.
Copies of IEBC documents and a search at the Registrar of Political Parties attached in the suit indicate that Ndeti is still the CCU party leader.
An affidavit signed by Senator Muthama claims that a member must have been active for three months to qualify for nomination.
“The nomination of Wavinya Ndeti to the position of candidate for governor of Machakos County is null and void and ought to be rejected by the electoral agency,” says Muthama.
The tribunal will rule on the case Thursday.